Draft Marine and Coastal Restoration Plan

1. Support restoration projects navigating the regulatory environment

• Identify opportunities to create and fund a support post(s) to help projects navigate regulatory requirements
• Update and produce further guidance on regulatory requirements, including mapping  what is needed and when
• Create a  ‘one-stop-shop’ for guidance, information and knowledge exchange, including a database of projects, to improve oversight of where restoration is happening

2. Encourage better join-up, transparency and information sharing across regulators and public bodies

• Set up a forum for relevant bodies to share regular updates
• Invite Local Authorities to information workshops to raise awareness of restoration
• Work with regulatory bodies to ensure support for restoration is a key priority

3. Establish protection mechanisms for habitats and species undergoing restoration

• Explore how to best implement a protection mechanism, in law, for habitats and species undergoing restoration
• Set out clear monitoring requirements, as well as procedures for cases where restoration is not successful
• Encourage early engagement with local communities and other sea users to consider voluntary arrangements for example codes of conduct
• Include policies in NMP2 to support active restoration

Objective 1 – Support restoration projects navigating the regulatory environment

Active restoration projects face a complex patchwork of regulatory requirements, often requiring multiple different types of licenses, permits and assessments.

Feedback from restoration groups for a number of years has been that the existing regulatory framework governing activity in our marine environment is not well suited to activities whose principal aim is to improve and benefit the natural environment.

In Spring 2024 we consulted on regulatory reforms that would have simplified some of the requirements related to restoration projects. While there was broad support for these proposals, views on how the proposals would have been implemented and worked in practice were less clear. There was also understandable nervousness on the part of some sea users around ensuring all marine sectors are subject to proportionate safeguards.

Over the course of discussions with stakeholders in the development of this plan, it has become clear that while processes can be difficult to navigate, there is acknowledgement in the restoration sector that the system is complicated for a reason (namely that the marine environment is a complex and busy place and that regulation of active restoration is important to ensure it is carried out appropriately). Instead, there was a steer that clearer guidance and greater support for projects would be of great benefit.

On that basis, we have concluded that for now, the priority should be to explore opportunities to create and fund a support post (or posts) to help projects navigate the current system. However, the option to consider regulatory changes in future remains and we will keep a watching brief for opportunities.

Funded post and one-stop-shop

A funded post(s) would provide a single point of contact and expertise for projects to guide them through the regulatory requirements. This could include responding to queries, sign-posting guidance and supporting the completion of applications.  

A range of guidance already exists to support restoration projects. However, there are opportunities to provide updates and improvements, particularly in relation to potential costs, timelines and interdependencies.

We also recognise that while there are many sources of helpful information on restoration –  for example the NatureScot handbooks, SMEEF toolkit, and licensing guidance, Crown Estate Scotland information on leases, Fish Health Inspectorate,  these are hosted across the websites of several public bodies which can make it hard to piece together a coherent picture of what projects need to do.

Therefore we will also look to establish a one-stop-shop for information and guidance that can act as a platform for queries, knowledge exchange and sharing best practice.

Database of restoration projects

We also envision this one-stop-shop will include a database of restoration projects. This is intended to provide a better strategic overview of where, and what projects are happening without adding administrative burden to projects through a registration requirement.

A database of projects will allow restoration groups and other sea users to easily access information about existing or planned activities, which can then be factored into project planning or used to make links with wider initiatives.

Objective 2 – Encourage better join-up across regulators

Providing more support to projects and community groups looking to undertake restoration is only one side of the regulatory coin. As part of their restoration journey, projects are likely to come into contact with a range of governmental bodies and regulators, for example: Crown Estate Scotland, NatureScot, Marine Directorate’s  Licensing Operation team (MD-LOT), Local Authorities, Fish Health Inspectorate, SEPA.

As is often the case  where different bodies administer different aspects of governance and regulation, information sharing and joined-up working across bodies can be challenging.

To improve the experience of projects dealing with the regulatory environment and ensure regulators can carry out their duties effectively and efficiently, we will work with bodies to encourage more transparency and information sharing. This could be achieved through the one-stop-shop referenced above, or other options such as developing a working group or forum of representative bodies that would meet regularly to share updates and promote effective ways of working.

We will also explore whether there is appetite among local authorities to take part in information sessions and workshops that raise awareness of restoration, its benefits and processes in an effort to improve the linkages between terrestrial and marine planning.  

Objective 3 – Establish protection mechanisms for habitats and species undergoing restoration

Active restoration is often compatible with a range of other activities, depending on the specifics of the project and local conditions. Through the plan, we want to encourage cross-sectoral collaboration and particularly opportunities for co-location of restoration projects with other activities. This should be considered as early as possible in the planning stages for restoration projects.

However, there will be cases where active restoration efforts may need protection from other activities in order to succeed. There are a variety of ways this could be achieved, both through legislative mechanisms (why may require primary legislation) or alternative means such as codes of conduct or voluntary agreement.

We will encourage restoration projects to engage with wider marine sectors to explore opportunities for non-legislative measures. However, we also want to explore how best to  establish a legislative protection mechanism for habitats and species undergoing restoration, to be used in cases where it is needed.

Not only will this ensure longer term security for habitats and species undergoing restoration (and therefore help maximise active restoration’s contribution to a healthy marine environment), it will also build confidence in restoration projects and unlock other actions in the plan including in relation to funding.

The 2024 consultation on legislative proposals for restoration invited views on using existing powers available to implement Marine Conservation Orders (MCOs) for this purpose. This would have involved adapting an existing and well-used mechanism, which provides a good level of flexibility in terms of what measures can be introduced. There was support among most respondents for the idea of protecting habitats and species undergoing restoration. However, there were concerns about the permanency of protections and what would happen if restoration was unsuccessful.

While MCOs remain one route to achieving protection, we want to take a comprehensive look at potential options. Key factors to consider in developing an appropriate mechanism include

• permanency of any measures. One option could be a way to introduce temporary protection – if needed - in the (relatively) earlier phases of restoration, which could then be converted into more permanent protection if merited, or removed if not
• clarity around monitoring requirements for any protection mechanism, to assess success and therefore the need for protection
• flexibility, both in terms of what such a mechanism could be used for and ensuring that this suits local circumstances, and the ability to adapt or remove measures if needed.

Any legislative proposals for a protection mechanism brought forward under this plan will be subject to relevant consultation and assessment of impacts. It is also important to note that the Scottish Ministers’ ability to legislate in relation to Scotland’s offshore waters is limited, and any protection mechanisms would relate to the inshore area.

Aside from specific protection mechanisms, consideration should also be given to other ways that marine restoration can be integrated into wider frameworks for managing activities in Scotland’s marine environment. The focus here should not solely be on restricting or excluding activities to protect habitats and species undergoing restoration, but also on ensuring that restoration is considered by other sectors as they plan and undertake activities. Work is underway to develop an updated national marine plan for Scotland (NMP2) and we will aim to ensure that NMP2 policies support active restoration. We will also need to consider wider protection measures which are either already in place or planned, such as MPA and PMF management measures.