Frequently Asked Questions: Studland Bay MCZ - GOV.UK
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Last Updated: 15 December 2021 Revision History Date Author Version Status Reason Approver(s) 04/11/2021 KH 1.1 Live Clarifications CG and additions to the Strategy in response to stakeholder feedback 15/12/2021 KH 1.2 Live Clarification on NG safety FAQ Contents Purpose.................................................................................................................................... 3 1. Background ..................................................................................................................... 4 2. MMO jurisdiction ............................................................................................................ 5 3. Site designation and designated features .............................................................. 5 4. Evidence........................................................................................................................... 8 5. Studland Bay MCZ Habitat Protection Strategy .................................................. 13 6. Anchoring ...................................................................................................................... 14 7. Other marine non-licensable activities .................................................................. 15 8. Fishing ............................................................................................................................ 16 9. Mooring and marine licensing.................................................................................. 16 10. Safety .............................................................................................................................. 19 11. Compliance and enforcement .................................................................................. 19 12. Monitoring...................................................................................................................... 20 13. Education and awareness ......................................................................................... 22 14. Socio-economic impacts ........................................................................................... 22 2
Last Updated: 15 December 2021 Purpose Due to the high volume of correspondence being received regarding Studland Bay Marine Conservation Zone (MCZ) anchoring management measures, the Marine Management Organisation (MMO) is maintaining a summary of frequently asked questions (FAQs) to answer common queries. Further information regarding the MMO’s management of Studland Bay MCZ is available on our dedicated web page here. This includes: • Studland Bay MCZ Marine Non-licensable Activity Assessment - MMO assessment on the impacts of marine non-licensable activities in Studland Bay MCZ and conclusions on whether management measures are required for each assessed activity. • Studland Bay MCZ Decision Document - Summarises the feedback and queries received from stakeholders during public consultation, and details the decisions made regarding the management of the site. • Dorset Coast Forum engagement report - A link is provided to a report which outlines the formal engagement period facilitated by Dorset Coast Forum in 2021, and the feedback received from stakeholders. • Studland Bay MCZ Habitat Protection Strategy - An overview of the MMO’s management approach for marine non-licensable activities in Studland Bay MCZ. In addition, guidance is provided to individuals or developers planning to install moorings. 3
Last Updated: 15 December 2021 1. Background 1.1. What are marine non-licensable activities? Marine non-licensable activities are those that do not require a marine licence under section 66 of the Marine and Coastal Access Act 2009. The MMO is responsible for the management of marine non-licensable activities which take place within its jurisdiction (0 to 12 nautical miles). Marine non-licensable activities include, but are not limited to, activities like sailing, powerboating and diving. More information can be found on the MMO’s website. 1.2. Why is the MMO only starting to manage marine non-licensable activities in Studland Bay MCZ now? Studland Bay MCZ was designated in May 2019 and the MMO has been working to understand the levels of the different activities taking place, and the conservation status of its protected species and habitats. The MMO has now completed a detailed assessment of the impacts of relevant activities which was subject to public consultation as part of our call for evidence in 2020. This assessment can be viewed online. The MMO has received a large amount of public interest in possible management of anchoring in Studland Bay MCZ and recognises the importance of public support in order to best manage recreational activities. The MMO has made sure to allow time to engage with stakeholders regarding the management of Studland Bay MCZ and this has been valuable for informing the approach. 1.3 Why is the voluntary no anchoring zone only covering part of the seagrass and will similar management be introduced in other sites where seagrass is present? Under section 125 of the Marine and Coastal Access Act 2009 the MMO has a duty to exercise all relevant functions in a way that best further the conservation objectives for marine conservation zones (MCZs). As part of these functions, MMO has powers to make byelaws to control activities within MCZs if they are hindering the conservation objectives of a site. MMO management measures are determined on a site-by-site basis and may involve management measures across a whole site, a whole area of feature, or a more focused approach. In order to fulfil our legal duty to further the conservation objectives of Studland Bay MCZ, the MMO has decided to introduce a voluntary no anchor zone into the main seagrass bed located off South Beach and Middle Beach. The MMO has established management measures in line with the conservation objectives of Studland Bay MCZ and this will be reviewed going forward. The MMO must apply measures across the seagrass bed as outlined by the voluntary no anchor zone to ensure the designated features are sufficiently protected. Further information on our decision can be found in the Studland Bay Decision Document. 4
Last Updated: 15 December 2021 2. MMO jurisdiction 2.1. Under what legislation does the MMO have the powers to manage marine non-licensable activities? Under Section 125(2) of the Marine and Coastal Access Act 2009 the MMO has general duties as a public authority in relation to the protected features of an MCZ and must: a) exercise its functions in the manner which the authority considers best furthers the conservation objectives stated for the MCZ; b) where it is not possible to exercise its functions in a manner which furthers those objectives, exercise them in the manner which the authority considers least hinders the achievement of those objectives. Under Section 129 of the Marine and Coastal Access Act 2009, the MMO may make byelaws for the purpose of furthering the conservation objectives stated for a marine conservation zone (MCZ) in England. The provision that may be made by a byelaw under this section includes: – a) prohibiting or restricting entry into, or any movement or other activity within, the MCZ by persons or animals; b) prohibiting or restricting entry into, or any movement or other activity within, the MCZ by vessels or (where appropriate) vehicles; c) restricting the speed at which any vessel may move in the MCZ or in any specified area outside the MCZ where that movement might hinder the conservation objectives stated for the MCZ; d) prohibiting or restricting the anchoring of any vessel within the MCZ; e) prohibiting or restricting the killing, taking, destruction, molestation or disturbance of animals or plants of any description in the MCZ; f) prohibiting or restricting the doing of anything in the MCZ which would interfere with the seabed or damage or disturb any object in the MCZ. These powers are extended to European Marine Sites (EMS) under Section 38 of the Conservation of Habitats and Species Regulations 2010. European Marine Sites include Special Areas of Conservation (SAC) and Special Protection Areas (SPA). 3. Site designation and designated features 3.1. I was opposed to the Studland Bay Marine Conservation Zone designation so do not agree that management measures should be implemented. Can I formally oppose the designation? Studland Bay MCZ was legally designated on 31 May 2019 by the Department for Environment Food and Rural Affairs (Defra). Information can be found in the Studland Bay Marine Conservation Zone Designation Order 2019. Defra are no longer consulting on this matter. 5
Last Updated: 15 December 2021 3.2. Were impacts to recreational / marine non-licensable activities considered in the consultation and designation of this site? The potential socio-economic impacts associated with any management measures for Studland Bay were considered during the designation process. In designating Studland Bay as a Marine Conservation Zone, the Secretary of State decided the environmental case for designation outweighed these potential impacts. Impacts to recreational activities (specifically anchoring/mooring) are listed in the consultation document. 3.3. Has Studland Bay become a highly protected marine area (HPMA)? No, Studland Bay MCZ is not a highly protected marine area. More information on HPMAs can be found online. 3.4. What is a designated or protected feature? Designated, or protected features, are habitats or species found within marine protected areas. Once a marine protected area is designated, these habitats and species become protected features, and are also referred to as designated features. For example, seagrass, long-snouted seahorse, subtidal sand and intertidal coarse sediment are the designated features of Studland Bay Marine Conservation Zone. More information can be found in our blog What are Marine Protected Areas? 3.5. What are conservation objectives? Conservation objectives are set by Natural England (sites inshore of 12 nautical miles) or the Joint Nature Conservation Committee (JNCC) (sites offshore of 12 nautical miles) to describe the target condition for each marine protected area. For a marine conservation zone (like Studland Bay MCZ), the conservation objectives are that the protected features: 1. are maintained in favourable condition if they are already in favourable condition. 2. be brought into favourable condition if they are not already in favourable condition. ‘Favourable condition’ means that for each protected feature within the site: • extent is stable or increasing • its structure and functions, its quality, and the composition of its characteristic biological communities (including the diversity and abundance of species forming part or inhabiting the habitat) are sufficient to ensure that it remains healthy and does not deteriorate. For long-snouted seahorse (Hippocampus guttulatus), ‘favourable condition’ means that the population within the MCZ is supported in numbers which enable it to thrive, by maintaining: 6
Last Updated: 15 December 2021 • the quality and quantity of its habitat • the number, age and sex ratio of its population. Supplementary advice on conservation objectives is also provided by Natural England which details the attributes of each feature which should be ‘maintained’ and the attributes of each feature which should be ‘recovered’. For example, for the ‘extent and distribution’ attribute of seagrass beds, the target is to ‘recover the total extent and spatial distribution of seagrass beds’. 3.6. What does the ‘recover’ target mean for seagrass beds? How can we ‘recover’ to an unknown past seagrass extent? Natural England is the MMO’s statutory nature conservation body advisor for sites inshore of 12 nautical miles. As described in question 3.5, Natural England set the conservation objectives and provide supplementary advice detailing the attributes of each designated feature which should be ‘maintained’ or ‘recovered’. Please refer to Natural England information on conservation objectives for more details on how they are set, available online. For Studland Bay MCZ, the attributes of the designated features have a mixture of maintain and recover targets. Further detail on targets can be found in Table 11 (Relevant favourable condition targets for identified pressures to intertidal coarse sediment, subtidal sand, seagrass beds and long-snouted seahorse) of the assessment (available online). Recovery is defined in terms of attributes. For seagrass beds, examples of attributes include the extent, spatial distribution, component species, structure and function. Targets for these attributes are related to things like the rhizome mats, leaf/shoot density, length and percentage cover. Extent is therefore not the only measure of seagrass condition and recovery. The MMO has a statutory responsibility to take actions in accordance with this recover target. 3.7. Why is seagrass important? Seagrass is extremely important for providing several ecosystem services. For example, it provides habitat for many species including commercially important fish and endangered species, it is an important breeding and nursery area for fish, it helps stabilise sediment as a buffer to coastal erosion, it is important in nutrient cycling and it stores atmospheric carbon which helps to mitigate climate change impacts. 3.8. Why is subtidal sand important? Where conditions allow, subtidal sand supports seagrass beds, so it is important to protect it for this reason. The sand feature also supports species such as invertebrates, undulate rays, pipefish, wrasse and juvenile commercially important fish. 7
Last Updated: 15 December 2021 3.9. Why is intertidal coarse sediment important? This sediment is ecologically important, supporting a wide variety of species such as algae, crabs, lobsters, worms and seastars. 3.10. Why are long-snouted seahorses important? Long-snouted seahorses (Hippocampus guttulatus) are an important species associated with the seagrass beds in Studland Bay MCZ and use the seagrass habitat as a resting, foraging and breeding area throughout the summer. Studland Bay is currently the only known breeding location for long-snouted seahorse in the UK. Long-snouted seahorses are also protected under the Wildlife and Countryside Act 1981, please see further details in 3.11. 3.11. Are seahorses already protected? The two species of UK seahorse, Hippocampus hippocampus and Hippocampus guttulatus (commonly known as short-snouted and long-snouted or spiny seahorses) are both protected everywhere in English waters from 0 to 12 nautical miles under the Wildlife and Countryside Act 1981. This includes disturbing, injuring or killing them. Their place of shelter or protection, such as seagrass, is also protected from damage or obstruction. Where seahorses are present, the seagrass is also protected as a place of habitat or shelter. The designation of long-snouted/spiny seahorses as a feature of Studland Bay MCZ provides an additional layer of protection to this important species by requiring public authorities to ensure that the activities that they regulate are managed to support seahorses to be in favourable condition at this site. 4. Evidence 4.1. Is there sufficient evidence for the impacts of anchoring, mooring, sailing/powerboating with an engine, sailing without an engine and/or diving and snorkelling in Studland Bay? Natural England is the MMO’s statutory advisor and provider of conservation advice for marine protected areas in England between 0 and 12 nautical miles. Natural England’s conservation advice and scientific literature demonstrates that these activities may have a significant impact on the features of the site. It is the statutory responsibility of the MMO to investigate the need for management measures where conservation objectives of a marine conservation zone may be hindered by an activity. Therefore, the activities listed in the question were taken forward for further assessment by the MMO. Natural England and the MMO used the best available evidence, including a range of peer reviewed scientific literature to support the assessment and subsequent decision making. The MMO assessment can be viewed online. 8
Last Updated: 15 December 2021 Following a call for evidence and formal engagement period, for anchoring, the MMO has concluded that management is required due to the potential impact on some of the designated features of the MCZ. A voluntary measure is being taken forward, please see the Studland Bay MCZ Habitat Protection Strategy (available online) for details. A monitoring and control plan alone for this activity is not sufficient to further the site’s conservation objectives. There is sufficient evidence from the assessment, call for evidence and engagement period to support this decision. For mooring, powerboating, sailing, diving and snorkelling, no further restrictions will be implemented at this stage. These activities will be monitored to identify any changes in activity levels which may lead to reassessment of the site and future management if evidence indicates that it is required. 4.2. Aerial imagery shows the expansion of seagrass over time in Studland Bay, considering this, how can proposed measures to restrict anchoring be justified? Published scientific journal articles reference reports dating from the 1930’s which document a Zostera bed (seagrass bed) decline along the Atlantic coast of North America and Europe by 90-99% due to the wasting disease now known as ‘Labyrinthula zosterae’ (Muehlstein, 1989). The extent of seagrass in Studland Bay may have increased since this time, however, pressures such as those from anchoring may be impacting seagrass health in different ways. Seagrass extent is not the only factor to consider in the health of seagrass beds. Factors include, but are not limited to, the overall seagrass biomass (influenced by leaf length and shoot density), and rhizome mats. These factors are important for overall seagrass meadow health and resilience to natural and human activity. Disturbance to seagrass beds can cause habitat fragmentation, this is defined as the emergence of discontinuities in a habitat patch (Jackson et al., 2013). Natural England conservation advice highlights that pressures from activities such as anchoring, are contributing to seagrass fragmentation. Aerial imagery can be indicative of seagrass extent but does not reliably represent seagrass fragmentation/recovery and the health of seagrass and should not be used in isolation to assess seagrass extent. Aerial photographs must be accompanied by ground truthing, for example, dark patches may not be seagrass and could instead be decaying drift algae washed in on the tide or attached macroalgae. Video drop and side scan sonar methods provide a greater certainty compared to aerial photographs. 4.3. I do not agree with the Natural England advice and evidence sources used in the MMO assessment to prove impact of activities, and there seems to be contradictory evidence. How will this be taken into account? Natural England is the MMO’s statutory advisor and provider of conservation advice for marine protected areas between 0 and 12 nautical miles in England. The conservation advice is informed by extensive literature reviews to summarise available scientific knowledge and thus understand potential pressures impacting 9
Last Updated: 15 December 2021 species and habitats. Some responses in the call for evidence, held in 2020, commented on the validity of the conservation advice used in the draft MMO assessment (available online). The conservation advice and associated evidence is considered by the MMO to be sufficiently robust for informing the assessment of the site and subsequent management decisions. The MMO is aware that evidence gaps exist, however, the MMO must use the best available evidence to fulfil our statutory duty under the Marine and Coastal Access Act 2009 to assess the site and exercise relevant powers to best further the conservation objectives of the site where needed. The MMO must be precautionary and cannot delay putting management in place where required due to lack of evidence or scientific certainty if there is a risk that a site’s conservation objectives are being hindered by human activities. The precautionary principle is defined in the 1992 Rio Declaration, to which the UK Government is a signatory, and states: “In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation”. The assessment of Studland Bay MCZ and any management measures will be routinely reviewed in order to assess the suitability of any measures for meeting the conservation objectives of the MCZ. Natural England ran a consultation on their conservation advice package for Studland Bay MCZ and have responded to representations made on this conservation advice. Any changes to conservation advice will be communicated to the MMO and changes will be made to the assessment if required. 4.4. The mapping of the seagrass seems inaccurate. How can we be sure that the assessment has accurate and up to date spatial information? With regards to the accuracy of the MMO maps showing the features of the site, the data used to produce our feature maps is updated regularly. The map in the MMO assessment (available online) uses the best available data to show the locations of the site’s features. Natural England work with partners to establish the locations of features and use sufficiently robust data collection techniques. Methods used include side scan sonar, which provides an accurate representation of the location of seagrass beds. This has been used to show the established beds on the MMO feature map. Natural England have monitoring processes in place and the MMO use the most up to date data provided from this. 4.5. Anchoring and mooring might benefit seagrass in Studland Bay, so why is management needed? The MMO has sought advice from Natural England on this and is not aware of any evidence that anchoring benefits seagrass, either by pruning the seagrass or moving the seagrass elsewhere so it can spread easily. The MMO is not aware of any peer- reviewed evidence for normal detached seagrass shoots reattaching. Rhizome growth is the process that regulates the rate of formation and the spatial distribution of components within seagrass meadows, and, thus, it constrains the development 10
Last Updated: 15 December 2021 of their populations. Zostera marina does not have vertical rhizomes so can’t reattach once removed from the substrate and is likely to decay. Despite the fact that Zostera marina can produce large numbers of seeds each season, seed dispersal and survival is unpredictable due to stochastic events and seedling mortality is high. The formation of new patches outside existing beds by sexual propagules or drifting rhizome fragments is a rare event. In order to be successful and survive, these fragments would have to not be damaged and be transported via specific currents, which allow them to settle in a location suitable for germination and growth. 4.6. Strong easterly winds cause seagrass to wash up on the beach in Studland Bay. Could this be what causes damage to the seagrass, not anchoring, so why is management needed? Natural England has advised that storm events and strong winds cause high energy conditions which may negatively impact seagrass. This is why seagrass is only found in sheltered bays, such as Studland Bay. Strong easterly winds in Studland Bay can therefore cause the uprooting of seagrass and this subsequently washes ashore. However, this is a natural event which occurs irregularly. Seagrass is resilient to this event and is able to recover from damage if the events are not too regular and other pressures are minimal. Further negative impacts in addition to storm events, such as those caused by marine non-licensable activities, could reduce the resilience of seagrass. 4.7. Seagrass in Studland Bay is able to recover from anchoring events so why is management needed? Natural England has advised that due to the high levels of anchoring in the site, the recovery of seagrass is low. Natural England has classified seagrass as having a medium sensitivity to abrasion, high sensitivity to penetration and high sensitivity to physical changes, which are all pressures caused by anchoring. This is supported by information on sensitivity regarding resilience and recovery of seagrass provided by the Marine Life Information Network. The conservation objective for seagrass beds in Studland Bay MCZ is to bring them into favourable condition as they are determined to be in unfavourable condition. Recovery is defined in terms of targets for specific attributes of seagrass beds including extent, spatial distribution, component species, structure and function. The MMO has a statutory responsibility to take actions in accordance with this recover objective. 4.8. Mooring might benefit seagrass and seahorses in Studland Bay, so why has mooring been assessed? The MMO has sought advice from Natural England on this and is not aware of any evidence that mooring benefits seagrass. As described in the MMO’s Studland Bay MCZ marine non-licensable activity assessment (available online), there are significant peer-reviewed studies that demonstrate the damage and disturbance caused to seagrass and seahorse populations caused by mooring activities, particularly traditional swing moorings. 11
Last Updated: 15 December 2021 No further restrictions are being implemented for mooring at this stage. This is due to moorings being managed through the MMO marine licensing process. The installation and/or maintenance of moorings is managed as a licensable activity under Part 4 of the Marine and Coastal Access Act 2009. Please see our pages ‘Do I need a marine licence’ for further information. 4.9. Modelling in the MMO assessment is based on Mediterranean seagrass, not eelgrass, which is found in Studland Bay. How can conclusions be made based on this? The conservation advice provided by Natural England is based on Zostera marina, the species which is found in Studland Bay MCZ. The MMO is aware of the differences between seagrass species. This is taken into account in the assessment (available online) by primarily using studies on Zostera marina, and references to studies on other species only being included as supporting information or where information regarding Zostera marina is lacking. 4.10. How can the use of the precautionary principle be justified? Just because something might happen, and it might cause harm, is no reason in itself to prevent it. The precautionary principle requires that the MMO does not postpone or delay the assessment due to lack of evidence or scientific certainty and the MMO must fulfil its statutory duty under the Marine and Coastal Access Act 2009 to assess the site and where needed exercise relevant powers to further the conservation objectives of the site. The precautionary principle is defined in the 1992 Rio Declaration, to which the UK Government is a signatory, and states: “In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation”. The MMO complete assessments to ensure the fullest possible scientific evaluation of the potential impacts of marine non-licensable or fishing activities on the designated features of marine protected areas. The MMO will use the best available evidence and apply precautionary approaches when needed. 4.11. Activity levels in Studland Bay were not normal in 2020 due to COVID-19, how can this data be used to base management decisions on? The MMO acknowledges that restrictions in place during 2020 due to COVID-19 may have caused activity levels to vary in comparison to previous years. The MMO assessment (available online) considers data over the most recent five years to 12
Last Updated: 15 December 2021 ensure that a long-term assessment of activity informs decisions and takes into account anomalous years. Activity levels will continue to be monitored by the MMO to review any management measures in place. Please refer to the Studland Bay MCZ Habitat Protection Strategy (available online) for further information. 4.12. There are impacts from pollution in Studland Bay, why haven’t they been considered for management? Natural England conservation advice packages take into consideration several activities that place pressures upon sensitive habitat features. As shown in information provided about UK marine works controls on GOV.UK, the MMO is responsible for managing the impacts of activities from 0 to 200 nautical miles. This involves managing marine non-licensable activity between 0 and 12 nautical miles, and fishing activity offshore of 12 nautical miles. Activities on the land, including those which may cause pollution, do not lie within the jurisdiction of the MMO to manage. The MMO review and update MPA assessments using Natural England Supplementary Advice on Conservation Objectives to determine if new marine activities for which the MMO has jurisdiction are impacting a site, and if management may be required. 5. Studland Bay MCZ Habitat Protection Strategy 5.1. How have stakeholder views been considered in developing the Studland Bay MCZ Habitat Protection Strategy? In line with our MMO Story, we have undertaken a process to proactively seek, value and use feedback from stakeholders to help shape and improve our services in the development of the Studland Bay MCZ Habitat Protection Strategy (available online). In the strategy, the MMO has considered stakeholder comments from the call for evidence, formal engagement events and email correspondence and worked with Natural England to ensure a sustainable approach for future management of Studland Bay MCZ. Please see the strategy for more details. 5.2. Aren’t there already existing no anchor zones and speed restrictions in Studland Bay? Prior to the introduction of the Studland Bay MCZ Habitat Protection Strategy (see section 5, available online), there were no MMO management measures in Studland Bay MCZ relevant to anchoring activity. A voluntary no anchor zone was implemented in Studland Bay from 2009-2013 as part of a project run by Natural England and The Crown Estate. Seastar Survey were contracted to produce a report on this project (Axelsson et al., 2012). This voluntary no anchor zone was removed when the study ended. 13
Last Updated: 15 December 2021 Dorset Council manage impacts on water safety in the area and there is a water safety byelaw in place which restricts the speed of vessels in a designated area. This is usually marked using marker buoys. Information can be found online. 6. Anchoring 6.1. Anchoring management measures are being brought in too quickly. Why are measures not being introduced over a longer time period? The MMO has been engaging with stakeholders since October 2020 and refining the management approach in response to feedback. As a result of feedback, the MMO has decided on a phased voluntary approach over 2021 and 2022 to provide more time to introduce the measure. This time period will allow time to build understanding and awareness of the measures. The MMO recognise the importance of public support in order to best manage marine non-licensable activities. A call for evidence and formal engagement period were therefore run in 2020 and 2021 to gather feedback and identify the most appropriate management approach. 6.2. Why have anchoring management measures not been introduced by summer 2021? In the engagement period, the MMO explained that anchoring management measures would be in place for summer 2021. This was delayed slightly due to the value of reviewing and considering all feedback received to inform the approach. 6.3. How will I know where the voluntary no anchor zone is, will marker buoys be used? The installation of marker buoys is not currently planned as we are introducing this voluntary measure as a phased approach currently, but we will review this going forward. The MMO will notify relevant organisations to update navigational charts and develop educational materials to aid vessel owners in understanding where the voluntary no anchor zone is located. 6.4. Will the MMO also be planting seagrass to expand the habitat? The MMO will not be planting seagrass to expand the habitat. As the level of activity within Studland Bay MCZ is exerting pressure on the existing seagrass beds, planting further seagrass areas will not address underlying pressures on the existing seagrass feature. 14
Last Updated: 15 December 2021 6.5. Why aren’t no anchor zones being implemented across the entire Marine Conservation Zone? The voluntary measure is based on the areas of the MCZ in which seagrass and seahorse populations are found, as these are the designated features that are sensitive to anchoring pressures. Natural England, as the statutory advisor to the MMO, have advised that this approach will help to further the conservation objectives of the site. 6.6. How can I provide feedback on the anchoring measures in the Studland Bay MCZ Habitat Protection Strategy? Through monitoring, MMO aims to understand how the voluntary measure is working, collect further data on activity levels and ensure the most appropriate approach is being taken in 2022. Part of this monitoring will invite visitors to Studland Bay to share feedback via a coordinated survey. Please see the Studland Bay MCZ Habitat Protection Strategy for more information. 7. Other marine non-licensable activities 7.1. Is the MMO introducing a ‘blanket ban’ of all activities in Studland Bay? The MMO is not banning all activities in Studland Bay. Management measures for activities are considered on a case-by-case basis. The MMO conducted an assessment for Studland Bay MCZ (available online) to understand if current activities, such as snorkelling and diving, anchoring, mooring and sailing with and without an engine are negatively impacting the features for which Studland Bay is designated as a marine conservation zone (seagrass, long- snouted seahorse, subtidal sand, intertidal coarse sediment). As not all features are sensitive to the different activities occurring in Studland Bay, prohibiting all activities would have disproportionate social or economic impacts and would not be necessary to further the conservation objectives of the site. The MMO considers a range of management measures to establish the best approach for a site for activities if risks to a marine protected area are identified, coupled with detailed scientific assessment and appropriate levels of consultation. Through the assessment process, it was identified that current levels of anchoring on seagrass are causing too much pressure and require management. Therefore, a management approach has been established to protect this feature. Further details of this management are available in the Studland Bay MCZ Habitat Protection Strategy (available online). No further management is being introduced for activities other than anchoring at this time. Monitoring and control plans will be used to identify changes in levels of other activities going forward, which may trigger reassessment. Please see part 2 of the Studland Bay MCZ Habitat Protection Strategy (available online) for more details. 15
Last Updated: 15 December 2021 8. Fishing 8.1. No anchoring/mooring zones might encourage fishing because anchoring/mooring is a deterrent to fishing in Studland Bay. What will the MMO do to stop this happening? Any impact of fishing will be monitoring and assessed by Southern Inshore Fisheries and Conservation Authority. The MMO has been advised that fishers do not target the site outside popular recreational periods, for example, October to April, when there are lower numbers of vessels anchored and moored. This suggests that the site is not favourable for fishing. 8.2. Bottom-towed fishing gear impacts in marine protected areas cause more damage than anchoring recreational vessels. What is MMO doing to manage fishing in Studland Bay? Studland Bay MCZ lies within the 6 nautical mile limit. Any fishing activity in the 0 to 6 nautical mile limit is primarily managed by the Southern Inshore Fisheries Conservation Authority, and any changes to fishing activities will be monitored and assessed by them. For information, fishing activity from 6 to 200 nautical miles is in the jurisdiction of the MMO. 9. Mooring and marine licensing 9.1. What is marine licensing? The Marine and Coastal Access Act 2009 provides that a marine licence is required for certain activities carried out within the UK marine area. The MMO is responsible for marine licensing in English waters and for Northern Ireland offshore waters. The MMO is also responsible for marine licensing of some activities in other parts of the world. The Studland Bay MCZ Habitat Protection Strategy outlines the requirements for a marine licence for the maintenance, installation and removal of moorings. 9.2. Do I need a marine licence for maintaining an existing mooring? The maintenance of moorings is a licensable activity under Part 4 of the Marine and Coastal Access Act 2009. It is possible that certain maintenance activities can be licensed though a self-service licence. Please see our pages ‘Do I need a marine licence’ for further information. Please note, MMO policy is that it will be unlikely that the MMO will make a positive determination on maintenance activities on a swing mooring in Studland Bay MCZ 16
Last Updated: 15 December 2021 unless the applicant can demonstrate that they are adopting technology that eliminates the pressure given from the riser chains on a swing mooring. Further guidance for existing moorings is provided within the Studland Bay MCZ Habitat Protection Strategy (available online). 9.3. Will priority be given for licences for existing longstanding mooring owners who want to upgrade to AMS? Upgrade and maintenance of moorings is a licensable activity under the Marine and Coastal Access Act 2009. MMO licensing don’t prioritise between applications, but maintenance could qualify as a “self-service” licence. This can be further explored using the online assistance tool (here). Further information is available in the Studland Bay MCZ Habitat Protection Strategy. 9.4. Will the MMO be removing existing moorings in Studland Bay? Many of the moorings have been in place for many years and predate the marine licensing system introduced under the Marine and Coastal Access Act 2009, and the designation of the MCZ. MMO are not currently planning to remove them but will keep this under review. MMO does however, encourage licence applications to upgrade existing moorings to an advanced mooring system. Removal of a mooring is classified as a licensable activity. It is the responsibility of the individual to ensure they have the correct consents in place before undertaking any activity. Any activity undertaken without the appropriate consent could be subject to enforcement action by the MMO. Further guidance for existing moorings is provided within the Studland Bay MCZ Habitat Protection Strategy (available online). 9.5. What is an advanced mooring system (AMS)? Advanced mooring systems (also known as eco-moorings, or eco-friendly moorings) avoid the placement of large mooring blocks on the seabed and chain abrasion through the use of alternative mooring systems. There are different fixing methods available as well as the use of floats or elastic lines to avoid chain abrasion. Please see further information on the RYA website. 9.6. Will the MMO be paying for and installing moorings or advanced mooring systems in Studland Bay MCZ to alleviate the pressures from anchoring? The MMO is not planning to install moorings (including advanced mooring systems) within Studland Bay MCZ or introduce any charging schemes. The MMO has produced guidance for individuals or developers planning to install moorings within Studland Bay MCZ in the Studland Bay MCZ Habitat Protection Strategy (available online). 17
Last Updated: 15 December 2021 9.7. Is guidance available on suitable advanced mooring systems (AMS) to be used in Studland Bay? The MMO are unable to provide guidance on the suitability of mooring types. However, this question could be posed to the supplier. It would be the responsibility of applicants to understand suitable mooring types for the environment in which they wish to install them. 9.8. Historically anyone has access to anchor. How will you ensure public access to the site will not be impacted by pay-to-use and high proportion of private moorings? The MMO’s licensing policy is that all applications are determined on a case-by-case basis. Marine licence applications must have regard to Marine Plan Policies, which include policies relating to public access. The South Marine Plan is available to view here. The MMO cannot prioritise applications that are chargeable or free for use. All applications will be publicly consulted on (see Studland Bay MCZ Habitat Protection Strategy for further information). Determining charging regimes for any moorings are outside of the MMO’s remit and is the responsibility of the licence holder. 9.9. How was the capacity of 100 advanced mooring systems decided? 100 moorings is not enough to meet demand. The figure of a maximum of 100 advanced mooring systems within the voluntary no anchor zone (VNAZ) was developed with Natural England to provide capacity to allow continued access whilst not hindering the conservation objectives of the MCZ. This number may be reviewed and updated in the future based on discussions with Natural England and the latest available ecological data on the site. 9.10. How will the location of future moorings be decided? It is the applicant’s responsibility to determine suitable locations and density of moorings. The MMO will consult relevant bodies, including navigational authorities on the suitability of proposed locations on any application. Consultations which are open to the public, as well as records of completed applications, can be viewed on the MMO public register. The MMO does not intend to manage placement of mooring installations pre-application. 9.11. How will the boating community be consulted on the introduction of moorings? The MMO may consult interested parties about an application. This usually includes other public authorities; agencies and the public are often consulted too. If the MMO require this, there may be a requirement to place notices in national and local publications as well as on site. Consultations which are open to the public, as well as records of completed applications, can be viewed on the MMO public register. 18
Last Updated: 15 December 2021 10. Safety 10.1. Will I still be able to anchor in an emergency? Studland Bay is an importance safety refuge for vessels. The MMO expect people to respect any management measures put in place, but safety of life at sea will always come first. The right to anchor under emergency conditions, or to avoid a genuine emergency situation, within Studland Bay will continue. 10.2. There are safety issues in Studland Bay caused by powerboats and/ or high-speed personal watercraft (jet-skis). Will MMO management cover this? Dorset Council manage impacts on water safety in the area. There is a water safety byelaw in place which restricts the speed of vessels in a designated area, information can be found online. 11. Compliance and enforcement 11.1. How will anchoring management measures in Studland Bay MCZ be enforced? A statutory measure is not being introduced at this time for anchoring. The MMO will monitor the effectiveness of the voluntary approach as well as activity levels. If required, the MMO’s compliance activities at this site will take place as part of the MMO Compliance and Enforcement Strategy, which takes a risk based and intelligence led approach. The MMO’s approach to compliance is based on three principles: inform, educate and enforce. The MMO works to try to ensure that all parties understand what rules apply and will provide guidance and raise awareness, where possible, as a first step to achieving compliance. The MMO ensures there are appropriate education periods for new legislation or rules in order to provide clarity and enable compliance. 11.2. Will you be looking for members of the public to submit intelligence of those who are not complying with anchoring management? The MMO would never direct non-MMO staff to gather evidence relating to non- compliance on the MMO’s behalf. If you wish to send us information which you think is useful, you are of course free to do so via info@marinemanagement.org.uk. 11.3. What will the penalties be for non-compliance with management measures in Studland Bay? 19
Last Updated: 15 December 2021 A statutory measure is not being introduced at this time for anchoring. Through monitoring, the MMO aims to understand how the voluntary measure is working, collect further data on activity levels and ensure the most appropriate approach is being taken in 2022. If the voluntary approach is found to not be effective, the MMO will need to consider whether a statutory byelaw is more appropriate, or where there is an urgent need to protect the site, the MMO may introduce an emergency byelaw. Please read the Studland Bay MCZ Habitat Protection Strategy (available online) for further details. For information, the MMO takes a proportionate approach to non-compliance, following the MMO Compliance and Enforcement Strategy. For statutory measures, the MMO has a range of enforcement options, which can range from verbal and written warnings to Financial Administrative Penalties and criminal prosecution. 12. Monitoring 12.1. What is a monitoring and control plan? Monitoring and control plans coordinate the collection and analysis of information regarding activity levels and ensure that any required management is implemented in a timely manner. Monitoring and control plans will be put in place for the activities assessed in the Studland Bay MCZ non-licensable activity assessment (available online). Please see Annex 4 (Monitoring and Control Process) in the Studland Bay MCZ non- licensable activity assessment for an overview of this process. 12.2. How will the Studland Bay MCZ Habitat Protection Strategy and associated measures be monitored? Please see the Studland Bay MCZ Habitat Protection Strategy (available online) for more details on monitoring. 12.3. If the MMO use Automatic Identification System (AIS) data to monitor activity in Studland Bay, this will result in people switching it off which will be a safety concern. The MMO is aware of the implications of monitoring and management measures put in place. The MMO will not implement monitoring measures which will cause the safety of people to be put at risk. AIS data has only been used in the assessment (available online) to indicate where recreational boating takes place within Studland Bay MCZ. 20
Last Updated: 15 December 2021 12.4. Anchoring management in Studland Bay may cause displacement of anchoring to other areas. How has the MMO considered this? Displacement within Studland Bay MCZ Monitoring will determine if any displacement is occurring within Studland Bay MCZ and whether any change to measures or additional management is required due to impacts on designated features. Displacement of anchoring activities to other areas of seagrass within the MCZ was considered in the development of the management options. The phased approach which introduces voluntary no anchor zones over 2021 and 2022 will ensure the full seagrass habitat off South Beach is contained with this zone, thereby avoiding any displacement impacts or increase in anchoring intensity within this sensitive habitat. Displacement of anchoring activities to areas of subtidal sand within the MCZ has been considered, however, areas of subtidal sand with no seagrass are not sensitive to the pressures caused by anchoring. Displacement outside Studland Bay MCZ The potential impact of displacement to areas outside of Studland Bay MCZ does not remove the requirement to ensure that marine non-licensable activities are managed to further the conservation objectives of Studland Bay MCZ. Activity levels within other designated marine protected areas will be monitored as part of their site-specific assessments. 12.5. Will you monitor and manage damage to the seagrass from trampling on the shoreline? The MMO will monitor activity levels for marine non-licensable activities throughout the MCZ. Beach recreation activities are also within the jurisdiction of the Local Authority and/or landowner. The MMO do not usually manage beach recreation activities to avoid dual regulation. However, the MMO will look to work with other regulators where activities are occurring and identified to be having an impact in areas of regulatory overlap. Between 0 and 12 nautical miles, Natural England work with partners to carry out monitoring and assess the condition of features such as seagrass beds. Monitoring of sensitive features like seagrass occurs more regularly than other features because of the potential change of seagrass health over time. The MMO will use this monitoring data to inform management decisions. 21
Last Updated: 15 December 2021 13. Education and awareness 13.1. How will public be made aware of the Studland Bay MCZ Habitat Protection Strategy and associated measures? Prior to and following the launch of the voluntary no anchor zone, MMO will be using a range of communication channels to raise awareness of the management approach. Plans include social media posts, news articles, on-site engagement and physical resources such as leaflets. The MMO understands that there is a need to engage at both a local and national level to ensure coverage for all those who use Studland Bay. This will help users of the bay understand the voluntary measures. The MMO recognise that this is an important step in the process to introduce effective management. 13.2. Who can I get in contact with if I need help understanding the Studland Bay MCZ Habitat Protection Strategy and associated measures? If you need help to understand the measures within the Studland Bay MCZ Habitat Protection Strategy, please direct your queries to the Marine Conservation Team at the MMO, via conservation@marinemanagement.org.uk. 14. Socio-economic impacts 14.1. How have impacts to the local economy, tourism and recreation in Studland Bay been considered? The potential socio-economic impacts associated with any management measures for Studland Bay were considered during the designation process. In designating Studland Bay MCZ, the Secretary of State decided the environmental case for designation outweighed these potential impacts. Now that the site is designated, the Marine and Coastal Access Act 2009 requires that the MMO exercises relevant powers to best further the conservation objectives of the site. Social and economic factors cannot be used as a reason not to provide the protection required to further the site’s conservation objectives. The MMO always seeks to ensure that the social and economic costs of management are minimised, providing the required level of environmental protection can be assured. The MMO has engaged and will continue to engage with stakeholders regarding the management of Studland Bay MCZ. The MMO has taken time to develop and explore a range of options to ensure that the activities in Studland Bay MCZ continue in a sustainable way. 22
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