Flamborough Head Management Plan
Transcription
Flamborough Head Management Plan
FLAMBOROUGH HEAD MANAGEMENT PLAN FLAMBOROUGH HEADLAND FLAMBOROUGH HEAD AND BEMPTON CLIFFS HERITAGE COAST SPECIAL PROTECTION AREA Flamborough Head Management Plan Preface Flamborough Head is one of Yorkshire’s finest environmental assets. The European Marine Site covers 64km2 and is designated as an internationally important site for its sea bird colonies, extensive intertidal and underwater chalk reef and maritime sea-cliff vegetation. In addition the site is an outstanding example of coastal geomorphology and geology and is designated as a Heritage Coast for its superb landscape and heritage value. The main purpose of this plan is to ensure that human activities at Flamborough Head are managed in a way that is compatible with the natural assets of Flamborough, and to seek opportunities to improve these assets and the human activities that depend upon them. To this effect the document provides a framework for the application of the Conservation (Natural Habitats, &c.) Regulations 1994 within and around the Flamborough Head European Marine Site and replaces the previous Flamborough Head European Marine Site Management Scheme (English Nature 2000). The Plan seeks to act as a framework for the sustainable management of the wider natural environment at Flamborough Head and as such the review builds upon successes of the European Marine Site Management Scheme and the Heritage Coast Strategy to ensure integrated management of wildlife, landscape and access in the area. The Ecosystem Approach to management has been adopted to underpin the sustainable management of Flamborough Head. This process seeks to manage human activities within environmental limits to ensure that future generations and the environment are not compromised by today’s activities. Summarised as ‘sustaining benefits for all – for ever’ the Ecosystem Approach recognises that people are an important part of the environment and seeks to understand their interaction with the environment and how this relates to the functioning of ecosystems at a variety of different scales. A wide-ranging holistic approach to the management of Flamborough Head has therefore been adopted that is guided by an overall vision of Flamborough in 20 years time. The reviewed plan has been put together with the close involvement of a broad range of individuals and interest groups. This involved a process of shared decision-making where at least 50 individuals attended one or more of the sequence of three workshops. Interested parties sat down together and explored the issues and jointly agreed solutions. The plan also takes into account how the natural environment at Flamborough and how it may contribute to the revitalisation and regeneration of the surrounding area. The review identified a number of projects that were important to the long-term management of Flamborough Head. These ranged from codes of conduct, leaflet production, and improving links with academic institutions, to running focus groups and research projects. Many of these projects will be dependent on the continuation of the project officer post and the Management Group securing further funding, as such they are not guaranteed. However we hope that through the continued close working between the Relevant Authorities and stakeholders at Flamborough these challenges will be addressed. These changes will ultimately lead to a healthier marine and coastal environment at Flamborough that will contribute to an improved quality of life and financial security for local communities and an improved experience for people that visit the Flamborough area, now and into the future. Adopting a holistic approach will also make the Flamborough Head Management Plan a leading example of the integrated management of marine and coastal resources in the UK, which will help to inform management and policy development in the wider environment. Finally, the coastal and marine environment is a shared resource and this Management Plan provides an important opportunity for those involved to make a positive contribution towards its future. Whether or not Flamborough Head remains a special place for future generations lies ultimately with the relevant authorities, stakeholders and interest groups working together towards a common goal. Leanne Stockdale Flamborough Head Project Officer March 2007 Flamborough Head Derived from the Anglo-Saxon word 'flaen' meaning 'sword or arrow'. The peninsular of Flamborough Head stands proud of the Yorkshire Coast, carved from the land by the North Sea swells. Soaring chalk cliffs, speckled with sea birds, sheltered rocky coves, sea caves, and extensive areas of undersea reefs. Flamborough Head is a national treasure, accounting for nearly 9% of the European coastal chalk exposure. The site is of international importance due to the exceptional variety and abundance of coastal and marine wildlife that it supports. The rocks themselves are a window on the past holding important ice age and cretaceous geology and helping us to understand how the sea affects the land. This unspoilt coastal landscape provides unrivalled opportunities for tourists and local communities to explore and appreciate Yorkshire’s coastal heritage and is important to the maintenance of the local tourism industry, which contributes to local regeneration. Out to sea the marine environment supports large areas of kelp forest and rocky reef habitat and associated wildlife that in turn support important fishing grounds for boats operating out of local ports. A Vision for Flamborough in 2025 The sea – A healthy and wildlife rich sea containing internationally important chalk reefs. With a local sustainable fishery operating from Flamborough, Filey, Bridlington, Grimsby, Scarborough and Whitby. Unspoilt beaches and coves offer people the opportunity to experience and understand the marine environment in safety. The cliffs – A naturally functioning landscape supporting internationally important seabird populations and cliff top vegetation. A safe place for people to access, understand and enjoy. The land – A traditional landscape supporting a healthy farming economy, with a wildlife rich and varied farmed environment supporting a broad range of habitats and species. The Flamborough Head Management Plan will do the following: • • • • • Adopt a broad based approach to management that brings together the management of wildlife, landscape and access on the head Integrate with the management of the wider coast Increase public participation Seek to adopt the Ecosystem Approach to the management of Flamborough Head Progress specific projects: 1. Access and tourism - to promote, manage and maintain public use of the site; 2. Land management – Help the farming community to manage their land in a profitable way that improves the landscape and wildlife of Flamborough Head; 3. Science – monitoring of the site to gain baseline information and the collation of existing data; 4. Education – raise awareness of issues regarding the conservation and sustainable management of the environment; 5. Responsible use of the marine environment - for both the recreational and commercial sector. Flamborough Head Management Plan Contents Contents ...............................................................................................................................................i List of figures, tables and boxes .......................................................................................................iii 1. Introduction and Overview 1.1 The Site .................................................................................................................... 1.1 1.2 The review ............................................................................................................... 1.2 1.2.1 Feedback and monitoring............................................................................ 1.3 1.2.2 Key management issues.............................................................................. 1.3 1.3 Management Scheme or Management Plan? ........................................................... 1.3 1.3.1 What is included in the plan?...................................................................... 1.3 2. Policy and legal framework of the management plan 2.1 Introduction to the management plan ...................................................................... 2.1 2.2 Background to the Habitats Directive and the Birds Directive................................ 2.1 2.3 The Habitats Directive and selection of Special Areas of Conservation (SAC)……2.2 2.3.1 Selection of Special Areas of Conservation............................................... 2.2 2.4 Birds Directive and selection of Special Protection areas (SPA) ............................ 2.2 2.4.1 Selection of Special Protection Areas (SPA).............................................. 2.2 2.5 European Marine Sites............................................................................................. 2.3 2.6 The need for a European Marine Site Management Plan ........................................ 2.3 2.6.1 Flamborough Headland Heritage Coast...................................................... 2.3 2.7 Competent and relevant competent authorities responsible for the site................... 2.4 2.8 English Nature’s Regulation 33(2) of the Conservation (Natural Habitats &c.) Regulation 1994....................................................................................................... 2.4 2.9 Plans and Projects .................................................................................................... 2.5 2.9.1 Likely significant effect .............................................................................. 2.5 2.9.2 The Appropriate Assessment ...................................................................... 2.6 2.10 Process by which the plan was reviewed ................................................................. 2.7 2.10.1 Facilitated workshops ................................................................................. 2.7 2.10.2 Role of the Flamborough Head Maritime Forum advisory group .............. 2.8 2.10.3 Issues raised and proposed solution........................................................... .2.8 2.10.4 Concerns of Stakeholders ........................................................................... 2.8 3. Reasons for designation and site description 3.1 General Description ................................................................................................. 3.1 3.2 Flamborough Head SAC.......................................................................................... 3.1 3.2.1 Reefs ........................................................................................................... 3.1 3.2.2 Sea caves .................................................................................................... 3.2 3.2.3 Vegetated sea cliffs..................................................................................... 3.3 3.3 Flamborough Head and Bempton SPA ................................................................... 3.3 3.3.1 Importance of internationally important populations of regularly occurring Annex 1 species......................................................................................... 3.3 3.3.2 Importance of the internationally important seabird assemblage and nationally important populations ............................................................... 3.4 3.3.3 Bird Interests ............................................................................................. 3.4 3.4 Geological interests ........................................................................................ 3.4 4. Site management and associated policies.......................................................................... 4.1 4.1 Introduction.............................................................................................................. 4.1 4.2 Format .................................................................................................................... 4.1 4.3 Layout of activity assessment table ......................................................................... 4.1 4.4 Collection................................................................................................................. 4.3 i Flamborough Head Management Plan 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 Energy Industries ..................................................................................................... 4.5 Fishing ..................................................................................................................... 4.7 Industrial activity and consented discharges to sea................................................ 4.11 Land management.................................................................................................. 4.14 Mineral extraction.................................................................................................. 4.16 Planning and development ..................................................................................... 4.18 Water quality.......................................................................................................... 4.20 Recreation and tourism .......................................................................................... 4.22 Research and education.......................................................................................... 4.25 Shipping, navigation and deposits at sea................................................................ 4.27 Shoreline management........................................................................................... 4.30 5. Action plan for the Flamborough Head European Marine Site 5.1 Introduction.............................................................................................................. 5.1 5.2 Action plan structure................................................................................................ 5.1 5.3 Reporting and reviewing.......................................................................................... 5.3 5.3.1 Action plan to deliver management measures and objectives ........................ 5.5 5.3.2 Action plan for the review and revision of the management plan ................ 5.12 5.3.3 Action plan for survey and monitoring of the condition of interest features 5.13 6. Sustainable developments and the Ecosystem Approach 6.1 Introduction.............................................................................................................. 6.1 6.2 Ecosystem Approach implementation ..................................................................... 6.2 6.3 The Ecosystem Approach at Flamborough Head .................................................... 6.2 6.4 Table structure ......................................................................................................... 6.3 6.5 Conclusions.............................................................................................................. 6.8 7. Projects 7.1 Introduction.............................................................................................................. 7.1 8. Conclusions of the review and future delivery of the plan ............................................. 8.1 Annex I Glossary of terms, acronyms and useful references Annex II List of relevant authority contacts for the Flamborough Head European Marine Site and other useful addresses, local organisations and group information Annex III Stakeholder consultation information Annex IV Regulation 33 advice package List of figures, tables and boxes Figure 1 Flamborough Head European Marine Site location map......................................... 1.4 Figure 2 Guidance for Competent Authorities applying the Habitats regulations to Plans and Projects .................................................................................................................. 2.12 Figure 3 Map to illustrate the habitat types found around the Headland .............................. 3.5 Figure 4 Mapped licensed discharges around the Headland ................................................ 4.13 ii Flamborough Head Management Plan Table 1 Summery of interest features and designations at Flamborough Head.................... 1.2 Table 2 Flamborough Head European Marine Site relevant authorities ............................ 2.10 Table 3 Plans and guidance relevant to the Flamborough Head Management Plan ........... 2.11 Table 4 Kittiwake productivity monitoring 1995 to 2006 .................................................... 3.4 Table 5 ‘F list’ indicating general management approach in response to different factors .. 5.2 Table 6 Review of current management at the Flamborough Head European marine site against the 12 principles of the Ecosystem Approach ............................................. 6.4 Table 7 Project outlines and implementation........................................................................ 7.1 iii Flamborough Head Management Plan 1.0 Introduction and Overview 1.1 The Site Leanne Stockdale, Flamborough Project Officer This plan focuses on the coastal chalk cliffs and marine environment of Flamborough Head. The coast has numerous nature conservation designations, with three of these designations for features considered to be of importance on a European context: • Reefs (chalk reefs) • Sea caves • Vegetated sea cliffs • Sea bird assemblages and species Flamborough Head is also designated as a Heritage Coast for its outstanding scenic, historic and scientific interest and is a Site of Special Scientific Interest (SSSI) for the coastal geomorphology, geology, cliff top plant communities’ vegetation and the species of sea bird found in the area, including the only mainland gannetry in England. There are 3 Local Nature Reserves (LNR’s) in the area, at Flamborough Outer Headland and Danes Dyke and two other nature reserves managed, for the benefit of wildlife. These are The Royal Society for the Protection of Birds (RSPB) Bempton Cliffs Reserve, and the Yorkshire Wildlife Trust reserve at Flamborough Cliffs, (see Figure 1; for further information refer to Annex II). A summer’s day at North Landing, Flamborough. The areas that cover the internationally important features overlap with one another (see Figure 1). The marine areas of these three designations are all covered by this management plan and collectively they are referred to as the Flamborough Head European Marine Site and are protected under the Habitats Regulations (see Section 2). Where as European Sites on land, both Special Areas of Conservation (SACs) and Special Protection Areas (SPAs), are based upon existing Sites of Special Scientific Interest (SSSI) designated under the Wildlife and Countryside Act 1981(as amended by the Country Side and Rights of Way Act 2000). Table 1 summarises the various interest features of the European Marine Site and the designations in place. 1 Value and Volume of the Tourism Industry in East Yorkshire (Yorkshire Tourist Board) May 2000 1.1 Robbie Fisher, Natural England The section of the coast covered by this Plan includes many popular tourist areas including Bempton, Danes Dyke and Sewerby and adjacent to the European Marine Site is the major resort of Bridlington, with a local population of about 34,000. The coast attracts many tourists; with an average of 2.7 million day visitors and 900,000 long stay visitors in the Bridlington area 1 . The local harbour is Bridlington and a number of launch sites can be found around the headland, which are used for Rockpooling at Thornwick Bay, Flamborough. commercial fishing and recreation use, with South Landing providing a public boat launch site. North Landing is home to the few remaining cobles at Flamborough, with the lifeboat station based at South Landing. There are several licensed discharges situated around the area, these are mapped within Figure 4 (Section 4). Flamborough Head Management Plan The European Marine Site does have complex human use, and it is suggested through statutory guidance that where such use occurs a single management scheme should be drawn up, to provide a framework for Relevant Authorities to exercise their functions within the European Marine Site, ensuring compliance with the Habitats Directive. The guidance adds that although it is the Relevant Authorities who have the responsibility for setting up the management scheme, it is essential that local interests, user groups and conservation groups along with owners and occupiers should be encouraged to participate in the scheme at the earliest opportunity. Table 1: Summery of interest features and designations at Flamborough Head Designations Interest Feature Sub-feature Seabirds SAC SPA SSSI Heritage Coast LNR Seabird Assemblage ✔ ✔ ✔ ✔ Kittiwake ✔ ✔ ✔ ✔ ✔ ✔ ✔ Gannet Vegetated sea cliffs All ✔ ✔ ✔ ✔ Sea caves All ✔ ✔ ✔ ✔ Reefs Rocky shores ✔ ✔ ✔ Kelp forest ✔ ✔ Subtidal Faunal Turf ✔ ✔ Woodland 1.2 All ✔ The Review The Flamborough Head European Marine Site Management Scheme was published in 2000 and ran successfully for five years. In 2005 the Management Group for the Scheme employed a project officer to carry out a review. This review took one year and the results are published in this document. Since the last Management Scheme was published in 2000, thinking in areas such as sustainable development, integrated coastal zone management and the ecosystem approach have increasingly advocated the adoption of a holistic approach to management. As a consequence the Management Group felt that a wide-ranging review would benefit the site more than maintaining a focus on the features of interest for which the European Marine Site was designated. It was felt that a broad based review would benefit the site by: • Providing a better understanding of the sites management requirements; • Making the Management Scheme a focus for integrated management at Flamborough; • Providing a broader funding base from which to undertake project work; • Improving long-term commitment to the sites management; • Facilitate improved communication between managers and users. 1.2 Flamborough Head Management Plan To fulfil the guidance given, the scheme was reviewed through a series of three workshops, which were designed and facilitated by the Management Group and the project officer. Stakeholders representing over 25 organisations and interest groups attended the workshops. This process helped stakeholders identify issues and find appropriate solutions to them, whilst improving their own level of awareness about the site. The objective of the workshops was to consider the following: • Define a 20-year vision for Flamborough Head; • Discuss and identify issues, which are stopping us from achieving this vision; • Consider what action the Management Group and stakeholders could take to make the vision a reality. This information was taken away and the findings integrated with the Management Scheme. This resulted in numerous changes and in some instances entirely new sections being included. A second workshop was held to feed back on and discuss these changes. Once a draft Management Scheme was produced a final workshop was held to discuss the content, structure, prioritisation of actions and future communications arrangements. Changes were made following this meeting and a final consultation issued before the document was finalised. 1.2.1 Feedback and monitoring The success of the stakeholder involvement was monitored during the review process the results of this can be seen in Annex III. 1.2.2 Key Management Issues Through facilitated working groups key management issues where discussed, stakeholders commented on the suggested solutions to the issues raised, for example to educate tourists about the areas importance, improved interpretation is essential. The issues raised were incorporated into a series of proposed projects, these were then presented and any specific issues such as quad biking were incorporated into the action plan, which will be delivered by the Relevant Authorities. 1.3 Management Scheme or Management Plan? Under the requirements of the Conservation (Natural Habitats &c.) Regulations 1994, Relevant Authorities were obliged to establish a Management Scheme to ensure the long-term protection of the internationally important features at Flamborough Head. This Plan delivers these requirements but is called a ‘Management Plan’ to reflect its broad management role at Flamborough. 1.3.1 What is included in this plan? The Flamborough Head Management Plan delivers the requirements of the Conservation (Natural Habitats &c.) Regulations 1994. The key sections and actions included in this plan are listed below, and provide the framework for delivering integrated management at a local scale: • • • • • The European Marine Site (EMS) action plan – will deliver the requirements of the Habitat Regulations; Site management – key issues identified and policies defined; Projects action plan – deliver specific projects relevant to the Heritage Coast and EMS; The Ecosystem Approach - will be delivered through the above sections; Communications – Annual/biannual Forum Meeting, permanent Liaison Groups established (Land Management and Fisheries). The Project Officer – Employed to ensure communication between groups, progress projects, carry out actions, organise meetings, support liaison groups and the maritime forum. 1.3 Flamborough Head Management Plan 1.4 Flamborough Head Management Plan 2.0 Policy and legal framework of the Management Plan This section describes why Flamborough Head is important and the legislation that is in place to protect the area 2.1 Introduction to the Management Plan This Management Plan has been developed to fulfil a number of objectives with an overall view to ensure that human activities at Flamborough Head are managed in a way that is compatible with the natural assets of Flamborough Head and to seek opportunities to improve these assets and the human activities that depend upon them. This objective is defined in more detail by the 20-year management vision. As part of this overarching objective, specific sections of this Plan (particularly Section 4) fulfil requirements of Regulation 34 of The Conservation (Natural Habitats &c.) Regulations 1994 with regards to the Flamborough Head European Marine Site. The Plan has been designed to guide all aspects of management that are likely to affect the wildlife features of this area. Whilst it is the responsibility of the relevant statutory organisations to implement this plan, representatives from different human activities have been involved in agreeing its contents and users of the area are encouraged to play a part in making this Management Plan a success. As such its roots are in voluntary co-operation and partnership and in 1998, the Flamborough Head Sensitive Marine Area Management Strategy put forward a framework for the voluntary management of the coastal waters and maritime areas of Flamborough Head. This work was supported by several key organisations responsible for the management of this area and provided the basis for the development of this statutory Management Plan, first published in December 2000 and reviewed in September 2006. There is a wide range of other plans, both statutory and non-statutory, also covering this area and those relevant to this Management Plan are referred to in the site management section (Section 4). 2.2 Background to the Habitats Directive and the Birds Directive The European Union (EU) adopted the Habitats Directive 2 in 1992 as a major contribution to the Biodiversity Convention signed up to at the Rio Earth Summit. The main aim is to highlight the need to maintain biodiversity (the variety of plant and animal life and the habitats in which they are found) throughout all Member States. It focuses on rare, endangered or vulnerable habitats and/or species that are listed as Annexes within the Directive. Bird species are covered by complementary legislation under the Birds Directive 3 , which protects all wild birds and their habitats in the European Union, especially migratory birds and those considered to be rare or vulnerable. The main mechanism used to protect the habitats and species listed in the Habitats Directive is the selection and subsequent designation of Special Areas of Conservation (SACs), whereas sites classified under the Birds Directive are Special Protection Areas (SPAs). Sites designated under these two Directives will collectively form a network of protected sites across the EU, called Natura 2000. The term Natura 2000 comes from the Habitats Directive and symbolises the conservation of precious natural resources for the year 2000 and beyond. The conservation management for the site must ensure that the features for which the site has been classified stay in a favourable condition. Measures must be taken to make sure that any operations that may cause deterioration of natural habitats or the habitats of species, or disturbance of species for which the site has been classified are identified and managed to prevent deterioration of the site. In 2 3 Council Directive 92/43/EEC Council Directive 79/409/EEC 2.1 Flamborough Head Management Plan order to assess the condition of conservation features and the effectiveness of the current management the Directive requires the site to be monitored. 2.3 The Habitats Directive and selection of Special Areas of Conservation (SAC) The Conservation (Natural Habitats, &c.) Regulations 1994 transpose the European Habitats Directive into law in Great Britain; this regulation was amended in 2000 via the Conservation (Natural Habitats, &c.) (Amendment) (England) Regulations 2000. With further amendments made in 2006 via the Conservation (Natural Habitats, &c.) (Amendment) (England and Wales) Regulations 2006. These Regulations are designed to translate the requirements of both the Habitats and Birds Directives into UK law and provide the mechanisms required to make it work at both an administrative and a practical level. An important feature of the Habitats Directive is that it mentions the need to take account of the economic, social, cultural and regional requirements of the site. A majority of the sites designated have been subject to human use for hundreds of years and the implications of the Directive on those patterns of use have to be considered as part of the whole management process. 2.3.1 Selection of Special Areas of Conservation Special Areas of Conservation (SAC) are selected by each Member State on the basis of the habitats and species listed in Annexes I and II of the Habitats Directive. The habitats and/or species on each site are referred to as interest features. The best examples in each country, once agreed locally and nationally through consultation, are then submitted to the EC for consideration. At this stage sites are referred to as candidate sites. After adoption by the EC, these candidate sites become Sites of Community Importance (SCIs) and are then formally designated as SACs by member states. Flamborough Head was officially designated as a SAC in April 2005; the reasons for its selection and designation are given in Section 3. A list of SAC sites in the UK can be viewed at http://www.jncc.gov.uk. 2.4 Birds Directive and selection of Special Protection areas (SPA) The main aim of the birds Directive is to protect birds within the European Union through the conservation of all bird species naturally living in the wild and their habitats. To achieve this aim measures are needed to address the repercussions of human activities, in particular the destruction and pollution of habitats and exploitation of bird species. Conservation is aimed at the long-term protection and management of natural resources. It includes the preservation, maintenance or restoration of a sufficient diversity and area of habitats essential to the conservation of all species of birds. The directive requires that certain species of birds should be the subject of special conservation measures concerning their habitats in order to ensure their survival and reproduction in their area of distribution. These conservation measures should also take into account migratory species. To help achieve these aims member states are required to establish Special Protection Areas (SPA). A list of SPA sites in the UK can be viewed at http://www.jncc.gov.uk. 2.4.1 Selection of Special Protection Areas (SPA) Special Protection Areas (SPAs) are selected by each Member State on the basis that they are particularly important for birds that depend on specialised or restricted habitats for breeding, feeding, wintering or migration. In addition a number of species are listed in Annex 1 of the Birds Directive, which are considered to be vulnerable, or at risk of decline within the countries of the EU. 2.2 Flamborough Head Management Plan Under the EC Birds Directive member states are required to classify as Special Protection Areas the most suitable areas for: a) Bird species listed in Article 4.1 b) Regular occurring migratory species under Article 4.2 2.5 European Marine Sites The term European Marine Site (EMS), which may include both SACs and SPAs, refers to those sites established in the intertidal area and at sea. A number of sites have been identified around our coastline, which are internationally important for their habitats and species. 2.6 The need for a European Marine Site Management Plan For each European Marine Site a Management Plan may be produced, as advised under Regulation 34. Where marine areas of adjacent or overlapping SACs and SPAs occur the recommendation is that only one Management Plan is produced. This Management Plan is for the following sites: • Flamborough Head SAC • Flamborough Head and Bempton cliffs SPA The Habitats Directive specifically mentions the need to avoid the deterioration of habitats and the disturbance to species by whatever means necessary. As a consequence, the Habitats Regulations make provision for the establishment of management plans for European Marine Sites, to protect the sites interest features, those habitats and species for which the site has been designated. On land areas those areas selected as SACs and SPAs, are based upon existing Sites of Special Scientific Interest (SSSI) designated under the Wildlife and Countryside Act 1981, as amended by the Wildlife and Countryside Act 2000. Therefore those parts of the European Marine Sites that lie above the mean low water mark will be managed as part of marine sites but will also be SSSIs and subject to the protection systems for both Nationally and Internationally sites on land. NOTE: Section 5 (Habitats Regulations Action Plan) of The Flamborough Head Management Plan fulfils the legal requirements of Regulation 34 of the Conservation (Habitats &c.) Regulations 1994. All other sections are non-statutory and are concerned with the wider management of the terrestrial and marine environment at Flamborough. 2.6.1 Flamborough Headland Heritage Coast The Heritage Coast covers 19km (12 miles) of coastline between Reighton in the north and Sewerby in the south, with an inland boundary that encloses 3265 ha (about 13 square miles) (see Figure 1). The original Heritage Coast designation was based on landscape quality, but was revised in 1992 to include flora and fauna (terrestrial, littoral and marine) and heritage features of architectural, historical and archaeological interest, as well as environmental quality (e.g. water quality). The first Management Plan for Flamborough Headland Heritage Coast was published in 1989; however, since this was published many significant changes have taken place. There is a growing realisation and acceptance that the economy, health, housing, education, and the environment cannot be viewed in isolation to each other. A different approach is therefore being adopted which can balance economic, social and environmental goals to make wise choices for the longer term. This is sustainable development and it is fundamentally about creating a better quality of life for everyone. The most current management strategy for the Heritage Coast was published in 2002 and outlines the objectives and priorities for sustainable development on the headland. Over the past few years this strategy has become inactive due to having no dedicated project officer to oversee its implementation. 2.3 Flamborough Head Management Plan The rich historic value and varied natural beauty of the Heritage Coast has been recognised by the Management Plan, with actions and policies from the strategy incorporated within this reviewed Plan. 2.7 Competent and relevant competent authorities responsible for the site Regulation 3 states that any Competent Authority having functions relevant to marine conservation are legally bound to exercise them to secure compliance with the requirements of the Habitats Directive. The term ‘Competent Authority’ includes any Minister, government department, public or statutory undertaker, public body of any person holding a public office exercising legislative powers, whether on land or at sea. The term ‘Relevant Authority’ identifies the specific Competent Authority which has powers or functions which have, or could have, an impact on the marine environment within, or adjacent to, a European Marine Site. The Relevant Authorities form the management group for the site and have statutory responsibilities under the regulations. Table 2 lists the Relevant Authorities for the Flamborough Head European Marine Site. These organisations are all equal members of the Flamborough Head SAC Management Group, which elects a Chair on an annual basis. This group has no delegated powers, as it is purely a representative body to involve all Relevant Authorities in the ongoing management of the SAC. Each relevant authority has to undertake its powers and duties with respect to the Habitats Directive and will need to act accordingly on an individual basis, or in association with other Relevant/ Competent Authorities when multiple consents are required, to ensure its plans and actions are consistent with this Management Plan. 2.8 English Nature’s Regulation 33(2) advice to fulfil the Conservation (Natural Habitats &c.) Regulations 1994 Under regulation 33(2) of The Conservation (Natural Habitats &c.) Regulations 1994, Natural England, formally English Nature (see note below), have a duty to advise other Relevant Authorities as to (a) the conservation objectives and (b) any operations which may cause deterioration of natural habitats or the habitats of species, or disturbance of species for the Flamborough Head European Marine Site. They have done this by producing a stand-alone document with conservation objectives, for each feature of the site, with advice on operations that may cause deterioration and disturbance. The Regulation 33 package is designed to help Relevant and Competent Authorities, who have responsibilities to implement the Habitats Directive, to: • Understand the international importance of the site, underlying physical processes and the ecological requirements of the habitats and species involved; • Develop a management scheme to ensure that the ecological requirements of the site’s interest features are met; and • Set the standards against which the condition of the site’s interest features can be determined and compliance monitoring undertaken to establish whether they are in favourable condition. In addition, the Regulation 33 package will provide a basis to inform the scope and nature of ‘appropriate assessment’ required in relation to plans and projects, for further information please refer to Section 2.9. The Regulation 33 advice is not replaced by this Management Plan, but should be used as a starting point for developing such plans and work in conjunction with each other. For further information refer to the Regulation 33 advice package, Annex IV. 2.4 Flamborough Head Management Plan NOTE: On 2 October 2006 English Nature, the Rural Development Service and parts of the Landscape Access and Recreation functions of the Countryside Agency merged to form a new body called Natural England. However, policies and regulations previously written by English Nature are still valid until they are formally adopted by Natural England. 2.9 Activities requiring consents and permissions -Plans and Projects Article 6(3) of the Habitats Directive states: “Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives. In the light of the conclusions of the assessment of the implications for the site and subject to the provisions of paragraph 4, the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public.” Under the Habitats Regulations, any new activities within a European Marine Site that require permission from a Competent Authority (including those authorities listed as relevant authorities) constitutes a plan or project as they have statutory functions to make decisions on applications for consents, authorisations, licences and permissions as governed by statue. The term “plan or project” is not defined in the Directive, or its implementing legislation in England and Wales. In guidance provided by European Commission on the provisions of Article 6 the term “project” is given a broad definition. Drawing on the definition of project in Article 1(1) of Directive 85/337/EEC, the term project not only includes “the execution of construction works or of other installations or schemes” but also “other interventions in the natural surroundings and landscape including those involving the extraction of mineral resources”. Therefore the advice concludes that the term “project” is not only limited to physical construction, but also that “a significant intensification of agriculture which threatens to damage or destroy the semi natural character of a site may be covered”. The guidance concludes that the term “project” should be given a wide interpretation “to include both construction works and other interventions in the natural environment” 1 . 2.9.1 Likely significant effect 2 If the proposed development is not directly connected with or necessary to site management, the decision-taker must determine whether the proposal is likely to have a significant effect 3 on a European Marine Site. The decision on whether an appropriate assessment is necessary should be made on a precautionary basis. An appropriate assessment is required where there is a probability or a risk that the plan or project will have significant effects on a site. This is in line with the ruling of the European Court of Justice in Case C-127/02 (the Waddenzee Judgment) which said “any plan or project not directly connected with or necessary to the management of the site is to be subject to an appropriate assessment of its implications for the site in view of the site’s conservation objectives if it cannot be excluded, on the basis of objective information, that it will have a significant effect on that site, either individually or in combination with other plans or projects”. The decision-taker should consider whether the effect of the proposal on the site, either individually or in combination with other projects 4 , is likely to be significant in terms of the conservation objectives for which the site was classified. The European Commission has also issued guidance, which local planning authorities may wish to consider 5 . 1 Defra 2004 Taken from ODPM Circular 06/2005 – Government Circular: Biodiversity and Geological Conservation – Statutory Obligations and Their Impact Within the Planning System 3 ibid. Regulation 48(1)(a) 4 ibid. Regulation 48(1)(a) 5 “Managing Natura 2000” April 2000 2 2.5 Flamborough Head Management Plan It is important that the likelihood of a significant effect is assessed in respect of each interest feature for which the site is classified and for each designation where a site is classified under more than one international obligation. Planning authorities should ensure that the assessment takes into account the full range of Ramsar interests for which the site has been listed and their vulnerability to any effects of the proposed development 6 . Natural England will advise on a case-by-case basis 7 . In considering the combined effects with other proposals it will normally be appropriate to take account of outstanding consents that are not fully implemented, ongoing activities or operations that are subject to continuing regulation (such as discharge consents or abstraction licences) and other proposals that are subject to a current application for any kind of authorisation, permission, licence or other consent. Thus, the assessment is not confined to proposals that require planning permission, but includes all relevant plans and projects. 2.9.2 The Appropriate Assessment 8 If the decision-taker concludes that a proposed development (not directly connected with or necessary to the management of the site) is likely to significantly affect a European Site, they must make an appropriate assessment of the implications of the proposal for the site in view of the site’s conservation objectives 9 . These relate to each of the interest features for which the site was classified and will be provided in more detail by Natural England, which should be consulted for the purposes of the assessment 10 . The scope and content of an appropriate assessment will depend on the nature, location, duration and scale of the proposed project and the interest features of the relevant site. It is important that an appropriate assessment is made in respect of each interest feature for which the site is classified; and for each designation where the site is classified under more than one international obligation. Natural England will advise on a case-by-case basis. The decision-taker can require the applicant to provide such information as may reasonably be required to undertake the assessment 11 . In the Waddenzee judgement 12 , the European Court of Justice ruled that an appropriate assessment implies that all the aspects of the plan or project, which can, by themselves or in combination with other plans and projects, affect the site’s conservation objectives must be identified in light of the best scientific knowledge in the field. As part of the assessment process, the decision-taker may consult the general public 13 . It is for the decision-taker to decide whether publicity and consultation in addition to that required under the planning or other regulatory procedures should be undertaken and could consider consulting organisations that may have relevant information expertise, such as the Environment Agency, County Wildlife Trusts, Herpetological Conservation Trust, Plantlife, RSPB or The Butterfly Conservation Society. Where plan or project may affect sites which are close to, or which straddle local authority boundaries, the relevant local planning authorities should liaise with each other 14 . Figure 2, on pages 2.12 and 2.13 summaries the stages leading from the proposal of a new plan or project through preliminary assessment, test for significance, and appropriate assessment. The stages at which a decision regarding the proposal can be made are described. 6 In May 2005, in England, there were 70 Ramsar sites covering over 377,000 hectares. Of these, only 3 were completely outside the Natura 2000 network of sites. The remaining 67 were either coincident with or substantially overlapping SPAs or SACs. The Government does not envisage that the proportion of Ramsar sites outside the Natura 2000 network is likely to change substantially in the light of planned revisions to both site networks. 7 See also the Good Practice Guide accompanying PPS9 8 Taken from ODPM Circular 06/2005 – Government Circular: Biodiversity and Geological Conservation – Statutory Obligations and Their Impact Within the Planning System 9 Regulation 48(1) The Habitats Regulations 1994 10 ibid. Regulation 48(3) 11 ibid. Regulation 48(2) 12 ECJ Case C-127/02 13 Regulation 48(4) The Habitats Regulations 1994. 2.6 Flamborough Head Management Plan Further Information: Further detailed guidance on appropriate assessments is available in ‘ODPM Circular 06/2005 – Government Circular: Biodiversity and Geological Conservation – Statutory Obligations and Their Impact Within the Planning System’. Alternatively contact Natural England for information. 2.10 Process by which the plan was reviewed The Flamborough Head European Marine Site covers a total area of 64km2, covering three different local authority areas, East Riding of Yorkshire, Scarborough Borough Council and North Yorkshire County Council. The later two covering only a small section of the site, with approximately 80% falling into the area of East Riding. For this reason all the consultation through the review took place within Flamborough village (see Figure 2). Whilst the plan sets out a series of actions for the future management of the Flamborough Head European Marine Site, this plan was not reviewed in isolation. It adopts a wide-ranging approach to management and takes into account current thinking in coastal management, including Integrated Coastal Zone Management (ICZM), the Ecosystem Approach and sustainable development, and drawing on experience from other management plans and initiatives, including Shoreline Management Plans and Local Development Frameworks. It is important to see how the plan fits into the wider management of the coast, so objectives and policies can work along side each other, whilst bringing together stakeholders on a local level to inform, support and implement these policies (see Table 3). This process of involving stakeholders in the review process was conducted using the principle of ‘shared decision making’ where key decisions are not made until there has been an opportunity to discuss them and agree solutions. As a result local communities and stakeholders played a key role in defining a shared management vision for Flamborough Head and the objectives and actions required to implement this. Increased stakeholder involvement improves the Management Plan in many ways, not only does it increase the level of awareness of the importance of Flamborough Head but it also improves decision making by helping management to reflect conditions on the ground and understanding potential areas of conflict. To ensure all those with an interest in the area could participate in the review a series of three workshops were held (see Section 2.10.1). The Management Group have also agreed the following broad objectives to inform management in the area and to facilitate public involvement: • To encourage dialogue and communication between various organisations in coastal management; • To encourage stakeholder involvement in the Management Plan; • To consult with user groups and local people as appropriate on the activities and management issues that may affect them. 2.10.1 Facilitated workshops Lawrence Jones Walters, Natural England. To fulfil the above objectives stakeholders were invited to take part in facilitated workshops. These workshops involved bringing together a group of stakeholders from different interest groups and organisations, with representatives present from the Relevant Authorities. The group met to discuss and agree policies to issues that were raised during the consultation period and to agree management priorities. The workshops were also used as an opportunity for us to inform the local users of the site about the conservation objectives and status of the area, Discussions taking place at one of the three workshops. 2.7 Flamborough Head Management Plan with additional background information provided in the form of a leaflet as a result of the first workshop. 2.10.2 Role of the Flamborough Head Maritime Forum advisory group The Flamborough Head Maritime Forum provides a focus for stakeholder involvement in the management of the Flamborough Head European Marine Site and is open to all stakeholders not present on the Management Group. Previously a number of topic groups were set up involving representatives from a range of organisations and bodies to address specific issues. In addition to these topic groups a Heritage Coast Steering group provided an effective forum for a number of years. This group has since lapsed. At this time the Flamborough Head Maritime Forum is the only group at Flamborough actively involved in discussions on the management of the Natural Environment. Its membership consists of representatives from a range of interests, as a result of an open invitation to its establishment meeting. The Forum is independently chaired and where representatives have not been able to attend all meetings, all relevant information is disseminated. The role of the advisory group is as follows: • To represent the interests of the users of the site within the development of the management plan; • To represent the conservation interests in the ongoing management of the site; • To act as a forum for general discussion of issues relevant to the group; • To advise the management group as necessary regarding issues relating to the site; • To report back to other groups within each area of interest. The forum has been consulted throughout the review and has played an important role in providing direction as to how to take the plan forward. It is hoped that those stakeholders who attended the workshops will now attend the forum and continue to contribute and be involved in the implementation of the new polices and actions. It was proposed during the review that the remit of the Flamborough Head Forum be expanded to fit with the remit of the revised and combined Flamborough Head European Marine Site Management Scheme and Heritage Coast Strategy. 2.10.3 Issues raised and proposed solution Issues raised during the workshops have been addressed through projects (Section 7) or have been incorporated into the action plan (Section 5). 2.10.4 Concerns of Stakeholders Lawrence Jones Walters, Natural England. During the workshops stakeholders raised the following activities as a potential concern. All of which are considered as plan or projects and if proposed would be considered alone or in combination under Regulation 48 or Regulation 19 of the Conservation (Natural Habitats &c.) Regulations 1994, the activities raised were: • • • • Marine aggregate development Offshore gas and oil terminals Facilitated discussions at the first workshop in January. Housing Expansion of holiday parks and cottages 2.8 Flamborough Head Management Plan • • • Wind farms Developments in wave power The impact of increased access on foreshore communities Further Information: Further detailed guidance on appropriate assessments is available in ‘ODPM Circular 06/2005 – Government Circular: Biodiversity and Geological Conservation – Statutory Obligations and Their Impact Within the Planning System’. Alternatively contact Natural England for information. 2.9 Flamborough Head Management Plan Table 2: Relevant Authorities Type of authority Roles and responsibilities relevant to the European Marine Site Area Covered Bridlington Harbour Commissioners Harbour authority Bridlington Harbour East Riding of Yorkshire Council Unitary planning authority (including planning, recreation, coastal protection, management of foreshores, council harbours and launch sites) East Riding of Yorkshire down to mean low water Environment Agency Regulatory authority and non-departmental public body established under Environment England & Wales out to 3 nautical miles for consents and 6 nautical miles for fisheries. Act 1995. Seven main functions; flood defence, water resources, pollution control, fisheries, navigation, recreation and conservation. Duty to assess implications for European Site, review existing consents and carry out appropriate assessments Natural England Statutory nature conservation body for England. Advises government and implements statutory nature conservation duties including European duties on behalf of government. With a duty to provide advice on conservation objectives and operations for European Marine Sites and provide advice to relevant and competent authorities and the public. Out to 12 nautical mile territorial limits On October 2 2006, English Nature, the landscape, access and recreation elements of the Countryside Agency, and the environmental land management functions of the Rural Development Service, formed the new integrated agency, known as Natural England. North Landing Harbour Harbour authority Commissioners North Landing North Eastern Sea Fisheries Committee Seaward to 6 nautical miles from the low water mark from the River Tyne to Donna Nook. Fisheries regulation, enforcement and marine environmental protection. North Yorkshire County County planning authority, granting of planning permission Council County of North Yorkshire (excluding Scarborough) down to mean low water Scarborough Borough Council Local planning authority (including planning, recreation, coastal protection Scarborough Borough down to low mean water management of foreshores, council harbours and launch sites) Trinity House Lighthouse Service Safety and navigation at sea for sea areas of England, Wales and Channel Isles Out to 200 miles Yorkshire Water Services Ltd. Water and sewerage undertaker Yorkshire region 2.10 Flamborough Head Management Plan Table 3: Plans and guidance relevant to the Flamborough Head Management Plan Coastal Management European National Conservation Management Shoreline Management Catchment Planning Land Use Planning Minerals Planning Other Relevant Plans EC Directives Habitats Directive, Birds Directive and the Water Framework Directive The Town and Country Planning Act 1990 Policy guidence such as Policy Guidelines for the coast, byelaw powers for the coast Our Coasts and Seas: making space for people, industry and wildife - English Nature Coastal Policy Guidelines Regional/ Strategic Maritime State of Nature SMP Guidance (DEFRA) Report for England: Getting on an even keel - English Nature Environment Agency Guidelines English Nature Maritime NECAG SMP 2 (River Tyne Natural Area Profile (Saltburn to Bridlington) to Flamborough Head) Catchment flood management plans English Nature Maritime Natural Area Profile (Bridlington to Skegness) HECAG SMP (Flamborough Head to Donna Nook) Planning Policy Guidance Notes and Planning Policy Statements Mineral Planning Guidance (MPG1) Relevant Planning Policy Guidance notes such as PP15 and PP21 PPG 20: Coastal Planning Regional Planning Guidance RPG12 - to be supeceded by Regional Spatial Strategy North Yorkshire County North Yorkshire County Council Regional Spatial Strategy * Hull and East Riding of Yorkshire Joint Waste/Minerals Plan * Council Mineral Local Plan * Joint Structure Plan for Hull and East Riding (Due 2007) * Local East Riding ICZM Plan North Eastern Sea Fisheries Flamborough Headland Performance Plan Scarborough Borough Local Plan (to be replaced by the LDF) * Hertitage Coast Management Strategy East Riding of Yorkshire Local Plan (to be replaced by the LDF) * North Yorkshire County Council/Scarborough Borough Council Joint Oil Pollution Scheme East Riding of Yorkshire Council Oil Pollution Contingency Plan Bridlington Harbour Commissioners Pollution Contingency Plan DEFRA ICZM NECAG Department of Environment, food and Rural Affairs Integrated Coastal Zone Management North East Coastal Authorities Group EC HECAG SMP European Commission LDF Humber Estuary Coastal Authorities Group * Shoreline Management Plan PPG Local Development Framework Statutory Plans Planning Policy Guidance 2.11 Flamborough Head Management Plan Figure 2: Guidance for Competent Authorities applying the Habitats regulations to Plans and Projects First stage – Preliminary Assessment Do the Habitats Regulations apply and who will act as the lead authority? Preliminary assessment by Competent Authorities Is the plan or project in or near the European Marine Site? Are there other competent authorities involved? If yes then select a lead authority Competent authorities are recommended to seek advice from Natural England or Defra at this first stage Second Stage – Assess significant effects Consider whether the plan or project is likely to have significant effect on the European marine site either alone or in combination with other projects or plans Competent Authority consider if the project or plan likely to have a significant effect Undertake initial assessment. This will address the following questions: - Competent authorities may consult public and expert opinion during second and third stages Is the activity necessary for management of the site for nature conservation? What effects (excluding trivial or inconsequential) can be reasonably predicted from the project/plan that may affect the conservation objectives of the site (See Regulation 33 advice package) The scope of additional information may be discussed with Natural England and the other competent authorities Are there site interest features that may be sensitive to the operations associated with the If effects or combinations of effects are trivial or inconsequential the project may be approved at this point Could the interest features be exposed to the operations? (See regulation 33 Advice package) What is the scale or magnitude of the effects? Is a more thorough assessment necessary? Competent authorities may consult public and expert opinion during second and third stages The scope of additional information may be discussed with Natural England and the other competent authorities involved Conduct public consultation when necessary Seek additional information from applicant and consider alternatives Having taken the questions and activities above into account it is then possible to assess if the activity is likely to have a significant affect on the integrity of the site? No Yes If the project will not significantly affect the integrity of the site it may be approved If the activity is thought likely to significantly affect the integrity of the site, proceed to the Third Stage = Appropriate Assessment 2.12 Flamborough Head Management Plan Third Stage – Appropriate Assessment Can it be established that the plan or project will not affect the European marine site? Appropriate assessment by competent authority. If more than one competent authority involved, select lead authority Natural England must be consulted during the course of the assessment, but it is the duty of the competent authority to undertake the assessment Identify effects of proposals If more than one competent authority involved, select lead authority Determine the extent of which impacts can be avoided, for example: Can the location or process be changed? Can conditions be applied? Can the activity be modified? Can monitoring be included in order to detect changes before there are any adverse effects on the integrity of the site? Are there adverse affects remaining either to the interest features or overall integrity of the site? No Competent authorities may approve the proposal subject to any conditions agreed. Natural England must be informed of any decisions Yes Continue to seek advice from Natural England and include Defra European Wildlife Directive Further consideration Are there alternative solutions? Yes No These will need to be appropriately assessed before authorisation can be given Are there reasons of overriding national public interest? No Do not authorise Yes Inform secretary of state and all competent authorities involved Secretary of state must secure compensation measures for European marine site Adapted from the Berkshire and North Northumberland EMS Management Scheme and the Wash and Norfolk Coast EMS Management Scheme. 2.13 Flamborough Head Management Plan 3.0 Reasons for designation and site description This section describes the wildlife, geological, landscape and heritage importance of Flamborough Head in more detail 3.1 General Description The site is characterised by 16km of high chalk cliffs, rising to 135m at Bempton cliffs, with over 200 sea caves and numerous stack and arch formations. Geographically Flamborough Head lies between two North Sea water bodies. This boundary is known as the Flamborough front. The presence of this front means the area can support a wide range of marine species, some of which are at either their southern or northern limit of distribution in the North Sea. 3.2 Flamborough Head SAC Flamborough Head represents the most northerly outcrop of chalk in the UK. The site contains nearly 9% of the European coastal chalk exposure found. Flamborough Head qualifies as a SAC for the following Annex I habitats, as listed in the EU Habitats Directive: • • Reefs Submerged or partly submerged sea caves; which constitute the European Marine Site and; • Vegetated sea cliffs of the Atlantic and Baltic coasts; which constitute the adjacent European coastal features of interest. 3.2.1 Reefs Flamborough Head chalk reefs are of international importance due to the rock type, their biogeographic position and the influence of tides/waves/currents on reef topography and community structure. The only two other similar SAC sites are Thanet, Kent, and Isle of Wight. 3.1 Robbie Fisher, Natural England. The Regulation 33(2) advice for the Flamborough Head European Marine Site states that the adjacent European coastal interests might be affected by activities taking place within, or adjacent to the European Marine Site. This is because there are ecological and natural process links that contribute to the favourable condition of the sites interest features. This, therefore, is the reason for combining the marine and coastal interest features in this single Bempton Cliffs, RSPB Reserve, Flamborough. management plan. However, the management options available to the relevant authorities on the Management Group for the Flamborough Head European Marine Site will differ slightly to those for the adjacent coastal interests because of the legislative framework that exists to conserve these different areas. For further information on the advice given in relation to site management, please refer to the Regulation 33 advice package, Annex IV. Flamborough Head Management Plan The chalk reefs at Flamborough Head comprise horizontal ledges, vertical walls, broken rock and boulder fields, which extend from the intertidal rocky shores up to 6 km offshore into waters 30 m or more in depth. These are not coral reefs like those found in the Great Barrier Reef or the Red Sea, but a temperate ecosystem with a diverse wildlife associated with rock habitat which includes attached seaweeds, including kelp, and invertebrates such as sponges, sea firs, sea squirts, sea mats and molluscs. Usually associated with this ‘living turf’ on the seabed is a range of mobile animals, including starfish, crabs, lobsters and fish. The chalk reefs at Flamborough Head are also important, since specialist communities of lichens, seaweeds and invertebrates unique to chalk are found at the site. In addition, geological differences between the chalk on the north and south of the headland increase the variety of habitats and hence biodiversity, through the presence of features such as gullies, outcrops, cobble fields, boulders and rock pools. The three main reef habitats at Flamborough Head are: 1 Rocky shores: Exposed northeastern shores from North Cliffs to Flamborough Head, for invertebrate species, hardy seaweeds and rockpools, and more sheltered southern shores from Flamborough Head to Sewerby rocks, for seaweeds and invertebrates. Source, Natural England. 2 Kelp habitats: Kelp extends around the Headland, Laminaria hyperborea forest nearshore between Bempton Cliffs and south-east of the Head off Cattlemere and Laminaria saccharina with red algal undergrowth in nearshore from Flamborough Head to Sewerby steps. Elizabeth Wood. Kelp beds found around the Headland at Flamborough. Myxilla Incrustans, one of the many sponges found around Flamborough Head. 3 Sub tidal faunal turf (animal dominated submerged rock): Nearshore waters on the north side characterised by extensive stepped scars dissected to form overhangs, outcrops and gullies. South side characterised by stepped bedrock terraces which grade into patches of cobbles and boulders. In deeper waters east of the headland, sponges, erect hydroids and horse mussel beds are attached to the bedrock. A detailed map of the habitat types found around Flamborough Head can be seen in Figure 3 (page 3.5). 3.2.2 Sea caves Robbie Fisher, Natural England. The sea caves at Flamborough Head are internationally important because of the large number and wide range of cave habitats, and for the species they support. They are the most extensive chalk caves in the UK. This is due to the geology of the harder chalk on the north and eastern sides of the headland. Some of the caves are partly submerged at all stages of the tide, others dry out during low water and some lie above the high water mark but are heavily influenced by wave splash and salt spray The rocky shore and sea caves of Thornwick Bay, Flamborough. 3.2 Flamborough Head Management Plan from the sea. The chalk rock also facilitates the attachment of specialist encrusting and filamentous lichen/algal communities. There are over 200 sea caves, the largest caves known to extend for more than 50m from their entrance on the coast, with a high proportion found on the north facing cliffs. Good sites for sea caves: North Cliff to Flamborough Head display variety of cave sizes, exposure to waves and height on shore. Distribution of communities is in response to these factors. Caves at the eastern end of the headland are particularly noted for being rich in sublittoral species, such as the chalk boring yellow sponge Clionia celata. 3.2.3 Vegetated sea cliffs The vegetated sea cliffs of Flamborough Head are internationally important because the cliff-top vegetation is characterised by both a maritime influence, and by the calcareous influence of the chalk underlying the surface and neutral boulder clay. Thus, sea cliff species such as thrift and sea plantain grow alongside herbaceous species more typical of chalk grassland such as kidney vetch. Where the undercliff has slipped and is flushed by calcareous run-off, northern marsh orchid and grass of Parnassus may be found with saltmarsh species, such as common saltmarsh-grass, sea arrowgrass and sea-milkwort. Common reeds with associated freshwater marsh species also form significant stands in flushed cliff areas. Good sites for plants on vegetated sea cliffs: Coastal slopes extend from Speeton, in the north, around the headland to Sewerby, in the south. 3.3 Flamborough Head and Bempton SPA Flamborough Head and Bempton Cliffs qualifies as a SPA under Article 4.2 of the EU Birds Directive in that it: • • Regularly supports internationally important populations of the following migratory species; kittiwake Rissa tridactyla; Regularly supports an internationally important seabird assemblage; nationally important populations of guillemot Uria aalge, razorbill Alca torda and puffin Fratercula arctica; The area was classified as a SPA in March 1993. The boundaries of the Flamborough Head and Bempton Cliffs SPA are illustrated in Figure 1 and the distribution of substrate types within and around the SPA are mapped in Figure 3. 3.3.1 Importance of internationally important populations of regularly occurring Annex 1 species Flamborough Head and Bempton SPA hold the largest kittiwake (Rissa tridactyla) colony in UK, with an average of 44,000 pairs between 2000-2004, accounting for 12% of the UK population. The habitat that exists at Bempton is ideal for nesting kittiwakes largely because of the structure of bedding planes, which make the site a popular area for these migratory species. Productivity of successfully fledged kittiwake has been increasing for the past two seasons, with previous research showing poor breeding productivity, thought to be due to food availability. 2006 monitoring is indicating an average of 1 fledging per occupied nest, a significant increase compared to recent years (see Table 4). 3.3 Flamborough Head Management Plan Table 4: Kittiwake productivity monitoring 1995 to 2006. 1995 0.93 1996 No count 1997 0.44 1998 0.87 1999 1.34 2000 1.28 2001 1.07 2002 0.76 2003 0.25 2004 0.19 2005 0.62 2006 0.82 * Figures represent the number of successfully fledged birds per occupied nest site. Importance of the internationally important seabird assemblage and nationally important populations Paul Glendell, Natural England. 3.3.2 Flamborough Head and Bempton Cliffs SPA support international and nationally important populations of guillemot (Uria aalge), razorbill (Alca torda) and puffin (Fratercula arctica), the ledges, nooks and crannies found amongst the chalk cliff, making ideal nesting sites for both puffin and razorbill. 45,000 individual guillemots were recorded during 2004, accounting for 2.9% of the British and Irish population. With 8,300 individual razorbill and 2,500 individual breeding puffins. Puffin. 3.3.3 Bird Interests Good sites for nesting seabirds: Bempton Cliffs (Also an RSPB Nature Reserve) 3.4 Trevor Charlton, RSPB Bempton.. The chalk cliffs (65-160M years old) are unique and internationally important for geology and geomorphology. The geological exposure of chalk cliff, also its height (up to 126m) is rare in Eastern Britain, so too is its mainland gannet (Morus bassanus) colony. The gannetry at Bempton Cliffs, is England’s only and Britain’s largest mainland nesting site for gannet, with 3,490 breeding pairs in 2005, accounting for 1.3% of the British and Irish population. A Gannet nesting at Bempton Cliffs, Flamborough. Geological interests Flamborough Head is of international geological importance with an exposed sequence of rocks, ranging from the Upper Jurassic through to the late Cretaceous, which is capped throughout by Pleistocene Boulder Clays. The site is therefore important for the understanding of Jurassic, Cretaceous and, the much later, Pleistocene stratigraphy, palaeontology and palaeoenvironments. It is also an important coastal geomorphological site with chalk cliffs uniquely lying within the wave climate of the North Sea Basin. The geology is a key factor underpinning the internationally important nature conservation interest of the site. Good sites for geological interest: Buried Pleistocene cliff and ‘raised shingle beach’ at Sewerby, Howardian-Flamborough Fault Belt in Selwicks Bay and the marl and flint bands within Thornwick Bay. For more information on the interest features contained within the Flamborough Head European Marine Site, the conservation objectives and the advice given to Relevant and Competent Authorities on the management implications of the conservation objectives, please refer to English Nature’s Regulation 33 Advice Package, Annex IV. 3.4 Flamborough Head Management Plan 3.5 Flamborough Head Management Plan 4.0 Site management and associated policies This section describes the current site management and defines policies that the Management Group have adopted to ensure that activities are carried out in a manner that is compatible with the sustainable management of Flamborough Head 4.1 Introduction The Flamborough Head European Marine Site has qualified for designation against the background of uses at the time it was selected. It follows that human use of the site is broadly compatible with the maintenance of the conservation objectives; however evaluating the following is essential for the development of the Management Plan: • • • • Existing site use against English Natures’ conservation objectives and operations advice; Assessment of existing site management (regulation, voluntary agreements and unregulated use); Identifying gaps in management; Development and introduction of management measures and polices. In fulfilment of the above points, a comprehensive list of activities that have the potential to harm the wildlife features in and around the European Marine Site have been assessed to create a concise inventory of human activity. It should be noted that the assessment of the effects of different human activities has been based on currently available information. It is required that two sorts of monitoring be carried out, compliance monitoring, are the Management Plans actions being implemented and is everyone abiding by the plan, and secondly condition monitoring to assess the condition of the site (see Section 5.3 and 5.3.3 for monitoring plan). As more information is gathered about the features of the site it is anticipated that the advice on effects will change, this in turn will lead to a review of the management measures. 4.2 Format Each human activity has been evaluated and placed into an appropriate subheading (see Section Index). Each section includes a general introduction and background to the activity and current management measures. All the issues contained within the Plan reflect the views and concerns of local stakeholders. These issues were raised through the consultation period, workshops and forum meetings. Everyone with an interest in the marine environment was invited to participate and have his or her say. Polices define the course of action to be taken by Relevant and Competent Authorities tackling the issues raised. Whilst the points from the Future Management section will be carried forward to the Action Plan (Section 5), which identifies which authority will carry out the action and by when. For each activity there is an activity assessment table. Within this table each activity has been evaluated and the factors, which may occur from that activity and have an affect on the wildlife feature of the site, have been tabulated. 4.3 Layout of activity assessment table To understand each human activity as it is carried out in the site it is necessary to read across the table (not down) through the following sequence: Activity Location Intensity Seasonal/Temporal Existing management 4.1 Flamborough Head Management Plan Potential impact on features of nature conservation interest (based on English Natures Regulation 33 advice) Effects Section Index 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 Collection Energy industries Fishing Industrial activity and consented discharges to sea Land management Mineral extraction Planning and development Water quality Recreation and tourism Research and education Shipping, navigation and deposits at sea Shoreline management 4.2 Flamborough Head Management Plan 4.4 Collection 4.4.1 Background Information The intertidal areas around the headland have historically been subject to the collection of species for food and bait. The chalk cliffs are geologically internationally important and fossils are regularly exposed and subject to collection. Eggs of guillemot and other seabirds were traditionally collected by ‘climmers’ from the cliffs of Speeton and Bempton up until the 1950's. 4.4.2 Management Common rights exist and local acts apply to people collecting a variety of materials for either building/consumption/bait/other purposes. There is no single body, which regulates these activities, and management is usually achieved through voluntary agreements and codes of conduct that are promoted through local or national representatives. 4.4.3 Management for nature conservation North Eastern Sea Fisheries Committee, enforce byelaws prohibiting the collection of any species, for which a minimum size has been prescribed as bait. With nesting seabirds on the cliffs at Flamborough Head and Bempton being protected under the Birds Act 1954, making it illegal to collect eggs from their nests. 4.4.4 Future Management Current levels of collection appear to show no significant effect on the interest features of the site. However, there is little or no information on ‘operational limits’ of activities within the site. Therefore, the precautionary approach should be adopted when looking to develop new recreational/educational opportunities or expanding on existing activities, either within or adjacent to the site. Relevant Authorities should attempt to further quantify site usage over the next reporting period. Users of the European Site should be made aware of the potential effect of their activities on the interest features and/or encouraged to participate in user-based monitoring. 4.4.5 Issues and Management Plan policies Issue: Removal of fossils from the headland Concerns were raised about the removal of fossils from the headland by visitors to be kept as souvenirs. There is also possible risk to geological interest features resulting from amateur and professional fossil collectors, however this risk is at present un-quantified. In so far as each Relevant Authority is able to and where practicable, the following policies will be adopted: Policies Seek to identify opportunities for raising public awareness of its geological resource significance and why it should be protected. Promote fossil collection code of conduct amongst geological collectors. Manage bait collection through voluntary agreements and code of conduct. 4.3 Flamborough Head Management Plan Factors arising from activity Activity & location Intensity Seasonal/ Temporal Existing management Possible effect on feature(s) Effects Bait collectingShores from Sewerby to Flamborough Head Low/Med No/Yes NESFC minimum landing size byelaws for species prescribed as bait Disturbance to rocky shore communities if activity is intensive/ continuous Not assessed Fossil collectingSewerby/South cliffs Low/Med No/Yes None Disturbance to chalk cliff algal/lichen/ vegetation communities Not assessed 4.4 Flamborough Head Management Plan 4.5 Energy Industries 4.5.1 Background Information Offshore from Flamborough Head, extensive areas of the North Sea are subject to hydrocarbon extraction. Historically prospecting licences have been granted to companies exploring the marine area adjacent to Flamborough Head. In 1991 Perenco UK Ltd carried out seismic acquisition and exploration drilling in licence Block 41/30. Seismic surveys were also carried out in 1993 and 1995, which also included the foreshore on the southern side of the headland. Other licences awarded for Blocks 41/24 & 25 and 42/26 have now been surrendered. There are currently no renewable energy, wind/wave developments in or adjacent to the site. 4.5.2 Management Land based development associated with both onshore and offshore energy industries are covered by the Town and Country Planning system and associated Development Plans. Licences for exploration and development and consents for production are awarded by the Department of Trade and Industry (DTI). The Department for Communities and Local Government (DCLG) gives consents for the location of offshore installations. Gas and oil pipelines are also subject to the Food and Environment Protection Act 1985 Part II (as amended) assessment procedures administered by DEFRA. 4.5.3 Management for nature conservation The Joint Nature Conservation Committee (JNCC) is consulted on nature conservation matters outside 12 nautical miles (nm). The Conservation (Natural Habitats &c.) Regulations 1994 apply to all designated sites to 200 nm. 4.5.4 Future Management Current levels of oil and gas exploitation are located a significant distance offshore. Flamborough Head is not currently considered suitable for large-scale renewable energy developments. Any developments associated with these industries may be subject to the Habitats Regulations. 4.5.5 Issues and Management Plan policies In so far as each Relevant Authority is able to and where practicable, the following policy will be adopted; however there is no direct issues related to energy industries. Policy Apply the Habitats Directive to all proposed developments. 4.5 Flamborough Head Management Plan Factors arising from activity Activity & location Intensity Seasonal/ Temporal Existing management Possible effect on feature(s) Effects Gas storage projects investigation/develo pment and operation (various locations) Low/med Yes/Yes Assess potential impact of proposed developments on SAC/SPA/SSSI and fisheries Impact on coastal process, accidental, disturbance, accidental contamination. Not assessed Oil and gas investigation (e.g. 41/24a) Low/med Yes/Yes Assess potential impact of proposed developments on SAC/SPA/SSSI, fisheries and landscape/seascape Accidental spills, disturbance, habitat loss, impact on landscape and seascape. Not assessed 4.6 Flamborough Head Management Plan 4.6 Fisheries 4.6.1 Background Information The coastal waters encompassed within Flamborough Head SAC and the associated North Sea region supports a high level of commercial and recreational fishing activity. The earliest comprehensive records of fishing effort held by the North Eastern Sea Fisheries Committee date back to the 1890’s. However, historic records and archaeological evidence clearly indicate fishing activity throughout human presence along the coast. The distinctive headland at Flamborough marks the location of a North Sea oceanographic front between distinct water bodies to the north and south, the resulting mixing processes enhances biological productivity with associated benefits for commercial stocks and wildlife. The unique rock outcrop of Flamborough Head creates strong tidal regimes, which also influence fish stocks and fishing activities. On a relatively exposed coastline the headland acts as a windbreak and is able to provide effective shelter for sea areas, ports and launch sites depending on meteorological conditions. The majority of fishing techniques employed within the SAC have altered significantly with technological developments, whilst others have remained relatively unchanged over time. Major changes in the stock levels of target species and demand by markets have also influenced fishing practices to a great extent. For example the herring fishery was once key to the local economy with high levels of fishing effort in the 19th and up to the mid 20th century, mow there are only limited North Sea quotas which are held by Scottish producer organisations. At present the range of commercial and recreational fishing methods undertaken can be broadly divided into four distinct categories: potting, trawling, netting and lines. The range of marine species exploited is broad and reflects the diverse marine ecosystem in the shallow coastal waters of the North Sea. Flamborough Head SAC contains a mixed fishery, consequently a range of fishing techniques and management tools are employed. Aquaculture is not currently viable due to the hydrographic regime of the site and lack of information on potential resources of cultured species. There is a substantial social and economic value attached to the fisheries within the SAC. In addition to the economic value and direct income from landings, it has been calculated that a single commercial fisherman provides direct employment for up to four individuals in associated industries. Further clear economic and social benefits can be linked to tourism and education. 4.6.2 Management Statutory management of local fisheries now within the designated site has a history dating back to the late 19th century when the local North Eastern Sea Fisheries Committee was formed. Although no known records exist it is quite possible that voluntary management arrangements predate legislation and took the form of local agreements between those operating in the fishery. Three statutory authorities undertake the present management of commercial and recreational fisheries within the SAC: Marine Fisheries Agency (MFA), North Eastern Sea Fisheries Committee (NESFC) and the Environment Agency (EA). The regulatory framework is derived from European, national and local legislation. Fisheries regulations are extremely wide ranging within the SAC, although no regulations exist that solely apply to Flamborough Head SAC waters. Currently NESFC are carrying out an appropriate assessment of the trawl fishery at Flamborough, which may result in changes in management within the site. This is in addition to the regulatory regime that exists at the site, which is due to its location inside the NESFC District, British coastal and Region 2, ICES (International Council for the Exploration of the 4.7 Flamborough Head Management Plan Sea) Division IVb (Central North Sea). The site is currently protected from potentially damaging fishing activities in a number of ways, these undoubtedly have indirect nature conservation benefits, including: • Restrictions on vessel length and power • Minimum landing sizes (MLS) • Fisheries quotas • A prohibition of dredges within 3 nm of baselines The current regulations controlling fisheries within the Flamborough Head SAC are not contained within SAC management document due to their volume and complexity, and the need for regular revision of legislation. Essentially European technical measures and local NESFC byelaws represent the most commonly used and effective fisheries management measures in force within the SAC. Details of these regulations can be obtained from local MFA or Sea Fisheries Committee offices. 4.6.3 Management for nature conservation Sea Fisheries Committee's are empowered by the Sea Fisheries Act 1967 (as amended). They exercise these powers through a number of Statutory Instruments, which enable the introduction of legislation for the purpose of protecting the marine environment from fisheries related activities, or taking into account conservation issues when creating byelaws. All these Acts have come into existence during the past decade: Sea Fisheries (Wildlife Conservation Act) 1992, Conservation (Natural Habitats &c.) Regulations 1994 and the Environment Act 1995. 4.6.4 Future Management There is limited information available regarding the effect of existing fishing activities on specific interest features within the site. Current scientific evidence indicates that those fishing activities most likely to affect the SAC's features occur at low frequencies or outside the site boundaries. These potentially disturbing activities include the use of towed gear, such as scallop dredging, beam trawling and otter trawls. The NESFC have undertaken a programme to monitor and map fishing effort within the SAC site. This will be cross-referenced with site condition monitoring and the appropriate assessment for district trawling permits to assess any detrimental effects. The management of the site will be reviewed on this basis. Future fisheries management in the site will also take into account that all licensed fisheries are now considered to be plans and projects, under Article 6(3) of the Habitats Directive. Therefore where a fishing activity is subject to consent, authorisation or other permission undertaken by a competent authority, if such an authorisation is not directly connected to, or necessary for the conservation management of a European Site, and is likely to have a significant effect thereon, an appropriate assessment will be carried out (see Section 2.9 for more details). 4.6.5 Issues and Management Plan policies Issue: Fisheries Legislation There is a need to make sure all relevant user groups are aware of fisheries legislation. In so far as each Relevant Authority is able to and where practicable, the following policy will be adopted: Policy Opportunities shall be taken to make more people aware of fisheries legislation and how it might affect their use of the marine environment. 4.8 Flamborough Head Management Plan Issue: Promotion of a sustainable of fishing industry Fishing has played an important part in the history and development of the area, particularly for Flamborough village and North and South Landing, forming part of the local heritage. Traditional fishing activities should continue to thrive, with the history of the local fishery enhanced by easier access to local people and visitors. Fishing is also an important part of the local economy and it is important that it is sustained in order to continue to provide employment. In so far as each Relevant Authority is able to and where practicable, the following policies will be adopted: Policies Promote and support sustainable fishing activity, which is consistent with conservation objectives for the site. Support the development of new sustainable fisheries where appropriate stocks exist. Issue: Potential impact of fishing techniques on marine wildlife There are some concerns that some fishing techniques may damage the chalk reefs and associated marine habitats and the ecosystem of Flamborough Head as a whole. In so far as each Relevant Authority is able to and where practicable, the following policies will be adopted: Policies Assess impacts of fisheries on habitats and species. Encourage environmentally sensitive fishing methods. Apply Habitat Regulations to ensure that all fishing methods are compliant with the European Marine Site management objectives. Ensure close working between fishermen, fisheries managers and nature conservation bodies. Factors arising from activity Activity & location PottingWithin SAC site and surrounding sea areas. Concentrated within 1 nm Intensity High Seasonal/ Temporal Yes/Yes Existing management Possible effect on feature(s) Commercial vessels require fishing licences from Defra and Shellfish Permits from the NESFC (vessel length restriction), Commercial & non-commercial vessels subject to minimum landing size (MLS) on crustacea species, lobster 'V' notch regulations. Potential disturbance to reef features from anchors*, ropes and pots. Potential biological disturbance by removal of stock and alteration of predator prey interactions. See Reg 33 advice. Effects Not assessed 4.9 Flamborough Head Management Plan Activity & location Intensity NettingWithin SAC site and surrounding sea areas Med Trawling- Within SAC site and surrounding sea areas. Mainly outside 1 nm Med/High Dredging- outside of 3 nm from shore Seasonal/ Temporal Yes/Yes Existing management Possible effect on feature(s) Effects Commercial vessels require fishing licences from Defra and Shellfish Permits from NESFC (vessel length restriction) if removing shellfish. Quota controls. All operators subject to MLS on finfish, restrictions on net size and fishing areas according to season. Potential disturbance to reef features from anchors* and ropes. Potential entanglement of feeding seabirds, especially auks and biological disturbance. Not assessed Yes/Yes Commercial vessels require fishing licences from Defra, Trawl Permits (vessel length restriction in the majority of the SAC) and quota controls. All operators MLS on finfish/ crustacea restrictions on trawl structure and net size. Potential disturbance and abrasion to reef habitats and species. May favour communities more tolerant to physical disturbance, due to resuspension of sediment and smothering. Potential biological disturbance by removal of stock and alteration of predator prey interactions. See Reg 33 advice, Annex IV. Assessment underway (appropriate assessment) Low Yes/Yes Commercial vessels require fishing licences from Defra, dredging not permitted within the majority of the SAC under byelaw XXIII, seasonal restrictions and technical restrictions on permitted areas, target species MLS. Significant and likely impact to benthic reef habitats and abrasion of features, promotion of communities tolerant of physical disturbance. Not assessed – outside site Lining- Within SAC site and surrounding sea areas. Mainly on hard ground N of headland Low Yes/Yes Commercial vessels require fishing licences from Defra, quota controls. MLS on finfish. Potential disturbance to reef features from anchors* and ropes. Not assessed Sea angling- From the shore and boats, within SAC site and adjacent sea areas, including nearshore, subject to seasonal conditions Low /Med Yes/Yes Commercial angling boats require permission from the appropriate authority (Maritime and Coastguard Agency) to carry the public. All angling MLS on finfish. Potential cumulative impact on reef features from anchors. Biological disturbance. Not assessed Not assessed * During the revision of the Management Plan the potential impacts of anchors on the site was discussed and it was felt that with the current usage patterns this impact was not likely to be significant. 4.10 Flamborough Head Management Plan 4.7 Industrial activity and consented discharges to sea 4.7.1 Background Information Industry is not a major land use in the immediate area of the SAC/SPA. The only industrial discharge into the European Site is from the Muntons plc maltings factory, which has been established for over 80 years. A new reed bed treatment system was commissioned in October 2005, designed to improve effluent quality and the discharge regime has also been improved, with the outlet always submerged and no pumping taking place within an hour of the predicted low water. Smaller wastewater discharges occur within the site, whilst there are two larger sewage treatment facilities adjacent to the site within Bridlington and Filey bays (please see Figure 4). The public sewerage system and sewage treatment facilities in the area are under the control of Yorkshire Water Services plc. Under the Urban Waste Water Treatment Directive (UWWTD) Yorkshire Water are carrying out a programme of improvements to their sewerage and treatment plants on the east coast. 4.7.2 Management The regulatory regime for dealing with water quality issues affecting coastal waters in this country is largely driven by European legislation. Whilst European Directives relating to water quality issues are largely driven by public health issues, such as Bathing Waters and Shellfish Waters. Other important international agreements to which the UK is committed include The Convention on the Protection of the Marine Environment of the North-East Atlantic, 1992 (OSPAR Convention) and the North Sea Conferences. The principal regulatory body responsible for industrial and wastewater discharges is the Environment Agency. Regulation is achieved through the application of discharge consent licensing and monitoring of outfalls. A statutory consultation is also required by the Water Resources Act 1991. Discharges are currently under review by the Environment Agency and will seek to address the cumulative impact of consented operations upon the European Marine Site interest features. The Environment Agency’s corporate strategy for 2006 to 2011 outlines their plans and objectives in more detail, for the improvement of inland and coastal waters, in the Yorkshire and Humber government region. 4.7.3 Management for nature conservation The Conservation (Natural Habitats &c.) Regulations 1994, Regulations 33, 48 & 50 which make provision for using English Nature’s advice package for European Marine Sites, undertaking a review of consents both within and adjacent to European Sites and assessing all plans and projects, as defined in the Regulations. 4.7.4 Future Management Discharges are currently consented by the Environment Agency and are undergoing a period of review, under Regulation 24 of the Habitat Regulation 1994. The review will also seek to address the cumulative impact of consented operations upon the European Marine Site interest features. The result of this work will be reported in 2007/2008. 4.7.5 Issues and Management Plan policies The Management Group has adopted the following policy, however there is no direct issues related to industrial activity and consented discharges to sea. 4.11 Flamborough Head Management Plan In so far as each Relevant Authority is able to and where practicable, the following policies will be adopted: Policies Work to ensure that consented discharges around Flamborough conform to all appropriate standards. Use the best available technique not entailing excessive costs (BATNEEC) for treating discharges. Factors arising from activity Activity & location OutfallsSewerby cliffs and adjacent Bridlington/ Filey bays Intensity Med Seasonal/ Temporal No/Yes Existing management Discharge consents with EA sampling. Possible effect on feature(s) Potential smothering, changes in nutrients, input of contaminants and light reduction through increased turbidity. Effects Assessment underway (review of consents). 4.12 Flamborough Head Management Plan 4.13 Flamborough Head Management Plan 4.8 Land Management 4.8.1 Background Information Agriculture is the dominant land use in areas on the headland adjacent to the vegetated sea cliffs. The surface boulder clay with underlying chalk makes the area, in the main, both productive and easily worked. Agricultural holdings, across the whole headland, vary in size from large (up to about 200 ha) blocks to relatively small (7 ha or less) and fragmented parcels of land (Venes 1996). The Royal Society for the Protection of Birds (RSPB) or Yorkshire Wildlife Trust (YWT), or the local authority manages a number of areas of land adjacent to the cliff tops for both visitor enjoyment and wildlife. 4.8.2 Management Changes in agricultural practice, led by changing economic factors, have contributed to a decline in biodiversity and quality of habitats. The majority of agricultural land is under cultivation for arable crops, the remainder being used as (seasonal) pasture. The principal regulatory body associated with farming activities is Department for Environment Food and Rural Affairs (Defra). Integrated pollution control in the area, in particular in relation to any discharges into drainage channels, is the responsibility of the Environment Agency. The Environment Agency’s corporate strategy for 2006 to 2011 outlines their plans and objectives in more detail, for the improvement of land management, reducing resources and waste in the Yorkshire and Humber government region. 4.8.3 Management for nature conservation Several areas are currently farmed under the Countryside Stewardship Scheme (CSS), which is administered through Natural England. The RSPB Bempton Cliffs Nature Reserve manages cliff top grassland habitats through the Stewardship Scheme. A 1.5-mile stretch of coastal slope and adjacent farmland has also been acquired by the YWT as a nature reserve and is managed under a CSS agreement. The Environmental Stewardship Scheme (ESS) developed through the success of the CSS has now replaced the CSS; the three entry levels for applying for the ESS are as follows: 1. Entry level one is open to all those farming in England; 2. Organic entry level stewardship, available to those wishing to farm organically; 3. Higher-level stewardship provides more resources in exchange for more significant environmental benefits in high priority situations and areas. Natural England works with owners and occupiers of land containing SSSIs to provide advice to ensure that activities undertaken are consistent with the conservation objectives of the site. 4.8.4 Future Management Financial incentives aimed at encouraging lower intensity agriculture, including reversion of coastal strips to managed semi-natural grassland, offer opportunities to further conserve the internationally important vegetated sea cliffs in partnership with the farming community. This can be achieved through Environmental Stewardship. A commitment has also been made by the UK Biodiversity Group in their national Action Plan to maintaining maritime cliff and slopes, a priority habitat, in a natural state. A specific habitat action plan has also been prepared. 4.14 Flamborough Head Management Plan 4.8.5 Issues and Management Plan policies In so far as each Relevant Authority is able to and where practicable, the following policies will be adopted, however there are no direct issues related to land management. Policies To maintain a viable agricultural economy that delivers maximum environmental benefit whilst contributing to the farming economy. Encourage close working between farming community, Natural England and other stakeholders. Factors arising from activity Activity & location Agricultural practice- farmland adjacent to cliff tops Intensity Med Seasonal/ Temporal Yes/No Existing management Use of fertilisers and pesticides, based on individual farm holdings. Possible effect on feature(s) Effects Intensive farming and/or Observed but run-off can alter sea cliff and not assessed littoral chalk plant communities. Changing drainage patterns can alter sea cliff communities. 4.15 Flamborough Head Management Plan 4.9 Mineral Extraction 4.9.1 Background information Filey Bay, north of the European Marine Site was subject to the commercial extraction of sand from the beach up until the late 1960s. The activity stopped after it was shown to be the cause of cliff erosion. In the early 1990s an application for a licence to prospect for sand and gravel over a large area of seabed, including Filey Bay, was withdrawn because of concerns expressed about the possible impacts of marine aggregate dredging. Historically, Dulcey Dock at the base of Speeton cliffs was quarried for chalk up until the middle of the last century. 4.9.2 Management The seabed between the Minimum Low Water Mark (MLWM) and the limit of Territorial Waters in most cases forms part of the Crown Estates. All mineral rights, except coal, oil and gas, are vested in the Crown under the management of the Crown Estate Commissioners. It licences marine minerals dredging on a commercial basis but will only issue such licences if the Government first issues a favourable “Government View” (GV) on the environmental acceptability of the proposed dredging operations. The Crown Estate currently licence marine minerals dredging, but consultation is currently ongoing which proposes that future licensing would be undertaken by the Secretary of State for Communities and Local Government (DCLG). 4.9.3 Management for nature conservation Part IV (Regulations 47 to 85) of The Conservation (Habitats &c.) Regulations 1994 cover plans and projects in relation to European Sites. The advice given under Regulation 33(2) of The Conservation (Habitats &c.) Regulations 1994 for the Flamborough Head European Marine Site describe the sensitivity and vulnerability of marine interest features to the effects of operations. Proposals for aggregate dredging in adjacent marine areas should take into account presence of a European Marine Site when looking at the possible impacts, which may include smothering, increased turbidity and physical removal. The SSSI designation, for its botanical interests, seabirds and geology, identifies Potentially Damaging Operations for which legal owners/occupiers must obtain consent from Natural England if they, or third parties, wish to undertake such activities within the designated area. 4.9.4 Future Management The extraction of non-living resources within or adjacent to the Flamborough Head European Marine Site could have a significant effect on the interest features and integrity of the site. DCLG should be aware of the presence and ecological importance of the Flamborough Head European Marine Site when considering applications for either prospecting or production licences. 4.9.5 Issues and Management Plan policies Issue: The extraction of non-living resources The extraction of non-living resources within or adjacent to the Flamborough Head European Marine Site could have a significant effect on the interest features and integrity of the site. In so far as each Relevant Authority is able to and where practicable, the following policy will be adopted: - 4.16 Flamborough Head Management Plan Policy Secretary of State for Communities and Local Government should be aware of the presence and ecological importance of the Flamborough Head European Marine Site when considering applications for either prospecting or production licences. Factors arising from activity Activity & location Intensity Seasonal/ Temporal Existing management Possible effect on feature(s) Effects No current activity 4.17 Flamborough Head Management Plan 4.10 Planning and Development – Designated Sites and Landscape Protection 4.10.1 Background Information The coastline forming the inner boundary of the European Site is divided administratively between North Yorkshire and the East Riding of Yorkshire. The northern part is primarily of an undeveloped nature. Agricultural land extends close to the top of the coastal slope, which is itself largely unmanaged. The coastal zone to the north of the SAC boundary has however been the subject of more intensive development, primarily for holiday accommodation, which extends sporadically up the coast towards the small tourist resort of Filey. The area of Flamborough Head within the East Riding of Yorkshire includes the chalk cliffs at Bempton and Buckton. The area is largely agricultural in character with areas of prominent tourism development, especially around the village of Flamborough. 4.10.2 Management Regional Planning Guidance (RPG) for Yorkshire and Humberside is contained in RPG12 that was published in 1996. Work is currently underway on the replacement of the RPG, with The Regional Spatial Strategy (RSS) to be adopted early 2007. The East Riding of Yorkshire Council is currently working on the Local Development Framework (LDF) this plan sits under the RSS and defines development control policy for the council area. Both plans have statutory status. Previously, the East Riding of Yorkshire was covered by the Humberside County Structure Plan (adopted in 1987 with amendments in 1993). Local Development Frameworks (LDF) will replace these structure plans, as a result of the new planning system (Planning & Compulsory Purchase Act, 2004). The core strategy for the LDF will be taken from the policies of the Joint Structure Plan for Kingston upon Hull and the East Riding of Yorkshire, due 2007. General land use policies are contained in the East Yorkshire Borough Wide Local Plan (adopted 1997). In North Yorkshire the strategic planning policy, as with the East Riding of Yorkshire was contained in a County Structure Plan that was originally approved in 1980. However as a result of the Planning and Compulsory Purchase Act 2004 the County Council is no longer required to prepare a County Structure Plan, so instead a Regional Spatial Strategy (RSS) will replace it. Until this replacement, the County Structure Plan will continue to form part of the statutory development plan for the North Yorkshire County. Within Scarborough Borough, local planning policy is currently contained in the Scarborough Borough Local Plan (adopted 1999) but again work is ongoing to replace this with a Local Development Framework. Normal planning regulations only extend as far as the low water mark. Beyond this point new development on the seabed is subject to the statutory consents of Defra (FEPA licence), DETR (Coast Protection Act consent) and/or DETR (Transport and Works Act 1992 procedures). The Crown Estate will also be involved in their capacity as landowner. 4.10.3 Management for nature conservation The draft RSS requires development plans to identify and protect areas important to the conservation of biodiversity and protection of landscape. All the Development Plans for the area recognise its special qualities due to the designations that exist at Flamborough Head. The Structure Plan, to be replaced by the LDF gives priority to the conservation of the Flamborough Head Heritage. The Scarborough Borough Local Plan contains a specific policy (E9) for International Nature Conservation Sites such as this, which is restrictive of new development that is not necessary to the management of the site or will have any adverse effects. The terrestrial part of the SAC/SPA also falls within the Flamborough Headland Heritage Coast and the wider locally designated Coastal Zone. Policy E2 requires special attention to be given to protecting the nature conservation interest, wildlife 4.18 Flamborough Head Management Plan value and marine environment of the Heritage Coast. The Minerals Local Plan also states that proposals, which affect European Sites, will be subject to the most rigorous examination, while the Waste Local Plan states that proposals, which affect European Sites, will only be permitted where there is no unacceptable effect on the nature conservation interest. The East Yorkshire Borough Wide Local Plan includes policy EN8 which states that in relation to internationally designated sites proposals will only be permitted where they are directly connected with or necessary to the management of the site or together with other proposals they will not adversely affect the integrity of the site. Policy CZ1 refers to the Heritage Coast where proposals will only be permitted where they are compatible with the objective of retaining an unspoilt coastline. The Habitats Regulations 1994, part IV, set out the procedures for dealing with plans and projects with respect to European Sites. 4.10.4 Future management It is considered that the planning regime that is in place is largely adequate to handle any development pressures likely to occur in or near the European Site, and to provide adequate protection for both landscape and the internationally important nature conservation resource at Flamborough Head. However, during the implementation and consultation of Regional Spatial Strategies and Local Development Frameworks, it should be ensured that specific protection is incorporated for the Flamborough Head SAC. Local authorities are also required to undertake a review of all extant consents under the Habitats Regulations. 4.10.5 Issues and Management Plan policies In so far as each Relevant Authority is able to and where practicable, the following policies will be adopted, however there are no direct issues related to planning and development. Policies Ensure that coastal landscape protection policies are contained within the Regional Spatial Strategy, East Riding of Yorkshire Local Development Framework and Scarborough Borough Council Local Development Framework. To work with developers to maximise opportunities for landscape improvement in new developments. To encourage the retention / enhancement of historic structures. Factors arising from activity Activity & location Coastal development Intensity Low Seasonal/ Temporal Usually permanent Existing management Planning consent from LPA for development above LWM. Defra/DCLG main regulators of development below HWM. Possible effect on feature(s) Increased activity. Physical disturbance. Physical loss. Effects None recorded 4.19 Flamborough Head Management Plan 4.11 Water Quality 4.11.1 Background Information The water quality of the sea around the coast of the UK is dependent on many variables, both natural (weather and ocean currents) and those due to human influences (primarily the dumping and discharge of sewage). Healthy, clean waters are essential to the shellfish/fish industry, and similarly to local tourism and recreation that rely on the use of these bathing waters around Flamborough Head. There are five sites in the area measured for bathing water quality, including Bridlington North and South sands, Flamborough North and South Landing, and Danes Dyke. In England & Wales the quality of bathing waters is monitored by the Environment Agency (EA) against standards laid down in the bathing water regulations (SI1991/1597), which comes from the EC Bathing Water Directive (76/160/EEC). 4.11.2 Management The EA are responsible for assessing the quality of bathing beaches to ensure compliance with the strict European standards. 4.11.3 Management of nature conservation Bathing waters are monitored and the level of coliform bacteria and faecal streptococci are counted, which indicate traces of human sewage. Sampling begins two weeks before the start of the bathing season (15 May to the 30 September) and 20 weekly samples are taken from each bathing water site. Yorkshire Water (YW) ensures that their assets, which could impact on bathing water quality, operate as they should to ensure that this happens an active monitoring program is in place including bacteria monitoring, before and after the bathing season. 4.11.4 Future Management Improvements in bathing water quality are largely due to investment by water companies. The EA have been working with them to improve the quality of their sewage discharges. These improvements should continue to be implemented. The EA and YW also work closely with each other, sharing information on bacteria and faecal streptococci monitoring. The EA are responsible to the 20 samples per season at the designated sites that they share with YW and the respective councils on a weekly basis. Water quality at Flamborough, North Landing has in the past and more recently been prone to poor bathing water quality, work is currently underway by the EA with the help of the Improving Coastal and Recreational Waters Project (ICREW), to confirm if the poorer bacterial quality is due to human or avian influences. 4.11.5 Issues and Management Plan policies In so far as each Relevant Authority is able to and where practicable, the following policies will be adopted, however there are no direct issues related to water quality. 4.20 Flamborough Head Management Plan Policies Opportunities should be taken to improve water quality at all the recreational sites around the headland in order that these sites comply with EC Bathing Water Directives, Water Framework Directive and OSPAR standards. Ensure that up to date water quality information is easily assessable at all bathing beaches. Activity & location Intensity Seasonal/ Temporal Existing management Possible effect on feature(s) Effects No current activity 4.21 Flamborough Head Management Plan 4.12 Recreation and Tourism 4.12.1 Background Information The natural and cultural heritage of the site, recognised by its Heritage Coast status, make the area a popular site for a range of interests and hence an economically important area for recreation and tourism. Both the cliff top and the marine areas are extensively used. Most activities such as bathing, watercraft and scuba diving, show a marked seasonality, although some activities attract users all year round, such as walking and bird watching. A number of private businesses relating to the recreation and tourism sector, such as golf clubs and caravan parks, also own or manage land in or adjacent to the European Site. 4.12.2 Management Local authorities and harbour authorities may use byelaws to regulate recreation, particularly in relation to safety. However, national representatives of various interest groups, sports and conservation organisations, largely promote management in relation to these activities and their effect on both the environment and other users, through voluntary codes. The RSPB contribute to tourism and visitor management in the area through the implementation of their Reserve Management Plan covering 5.2 km of cliff top and the Yorkshire Wildlife Trust have a significant stretch of cliff top for the purposes of managing it as a nature reserve (see 4.8). Development associated with recreation and tourism is controlled through planning legislation and guidance notes (see 4.10). 4.12.3 Management for nature conservation Various organisations have legal responsibility or are involved in initiatives that contribute to the benefit of the sites environmental and landscape interest, these are for example: British Marine Industries Federation: Navigate with Nature British Sub Aqua Club/ Professional Association of Diving Instructors/ Sub Aqua Association: codes of practice Defra: Environmental Stewardship Scheme available for land managers English Nature: Site management statements with legal owner/occupiers of SSSIs, Condition Assessment of SSSI, SAC and SPA, provision of nature conservation advice to owners and occupiers Encams: Seaside award schemes for rural and undeveloped coasts Environment Agency visually inspects litter levels and monitor water quality at North and South Landing during the period April-September (as per EC Bathing Waters Directive) Marine Conservation Society: ‘Adopt-a-beach’ scheme, co-ordinated by East Riding of Yorkshire Council through the Countryside Service Marine Conservation Society: Seashore code National Federation of Sea Anglers: codes of conduct RSPB Bempton Cliffs Reserve Management Plan promotes sustainable visitor enjoyment and wildlife conservation Yorkshire Wildlife Trust: Management of Flamborough Head Nature Reserve Flamborough Community Action Group East Riding of Yorkshire Council: Management of Local Nature Reserves 4.12.4 Future management Current levels of recreational and tourism related activities need to be assessed in relation to the condition of the site’s interest features. These internationally important features are also the principal asset supporting this sector. Information gathering on recreational and tourism activities will also be important to a variety of organisations involved in seeking to develop this economic sector. The 4.22 Flamborough Head Management Plan Yorkshire Tourist Board has a research department that collects information on visitor numbers and profiles. There is little or no information on ‘operational limits’ of activities within the site. Therefore, the precautionary approach should be adopted when looking to develop new recreational opportunities or expanding on existing activities, either within or adjacent to the site. It is recommended that relevant authorities and user groups should attempt to further quantify site usage in partnership over the next reporting period. A possible way forward is to use the Forum group as a means of alerting the SAC Management Group to any significant change in trends of usage at the site through an annual meeting. Users of the European Site should be made aware of the potential effect of their activities on the interest features and/or encouraged to participate in user-based monitoring. This can be achieved through supporting and/or promoting the work of national sport representatives. Identifying user levels will help target resources for the collection of data in particular locations or particular times of the year. It will also inform the decision-making process when assessing any potential changes that may be identified as a result of site condition monitoring. 4.12.5 Issues and Management Plan policies Issue: Marketing of tourism needs to be co-ordinated There is a need to co-ordinate marketing of the coast for tourism. A strategic approach to marketing may have benefits to all operators, encouraging sustainable development and improving communication between local authorities and user groups. Tourism is an important part of the economy and provides many jobs. One of the government’s aims through its UK sustainable development strategy is to live within environmental limits whilst achieving a sustainable economy. With tourism from traditional areas seeming to be on the decline, it is important that the management plan identifies policies that deliver environmental and social benefits at the same time, by developing new markets such as ‘green tourism’ e.g. promoting facilities which enhance opportunities for wildlife and inform people about their environment whilst still allowing income to flow into the economy. In so far as each Relevant Authority is able to and where practicable, the following policies will be adopted: Policies Attract new groups of people to sustain the local economy, and encourage ‘green’ tourism, drawing more on the areas landscape, wildlife and historic qualities. Encourage visitors to come outside peak periods, or visit other areas, to draw people away from ‘honey-pot’ areas, such as the lighthouse. This will then control the volume of visitors. Support diversification schemes that assist with promoting tourism and maintain employment. Support local community initiatives that initiate small-scale tourism projects, which respect to the environment and promote local culture and skills. Recreational and tourism opportunities, consistent with the sites natural and landscape character should be promoted. Encourage the development and exploration of access opportunities for as wide a range of the public as possible. Link to the Bridlington regeneration plans, encouraging sustainable tourism. 4.23 Flamborough Head Management Plan Issue: Impact of Recreation and Tourism on the natural environment Concerns were raised that recreation could potentially damage the marine environment. Some clubs or individuals may be unaware of the sensitivity and importance of the marine wildlife present. There was also concern that the promotion of tourism around the headland could lead to greater visitor pressure in the peak season at certain honey-pot locations, such as the lighthouse and Danes Dyke. In so far as each Relevant Authority is able to and where practicable, the following policies will be adopted: Policies Opportunities shall be undertaken to minimise impact on the marine environment from recreation and/or tourism. Ensure tourism development and visitor pressure does not damage the assets on which future industry depends. Support initiatives that enable wide understanding of the heritage of the area. Factors arising from activity Activity & location Intensity Seasonal/ Temporal Existing management Possible effect on feature(s) Effects CanoeingSouth Landing to Filey Bay Low Yes/No No organised facilities. British Canoe Union Potential disturbance to nesting seabirds. Not assessed Cliff/shore angling- whole site Med Yes/Yes RSPB code of conduct for cliff top fishing Entanglement in gear and discarded gear, particularly seabirds Not assessed Hang/ParaglidingBempton cliffs Low Yes/No None Disturbance to nesting seabirds Not assessed Powered aircraftHeadland & Bempton cliffs Low Yes/No None Potential disturbance to breeding seabirds during nesting season Not assessed Personal watercraft/ motor boatsWhole marine site Med Yes/Yes None PWA/BMIF Potential disturbance to nesting seabirds. Cumulative anchor damage to reefs Not assessed SailingWhole marine site Low Yes/No None RYA/BMIF Cumulative anchor damage to reefs Not assessed Scuba divingWhole marine site Med Yes/No None BSAC/PADI/SAA Selective extraction of species Not assessed Walking/ general recreationCliff tops, shore access Med Yes/Yes Abrasion/deterioration in variety of cliff and intertidal communities Not assessed Land management based on individual owner/occupiers. 4.24 Flamborough Head Management Plan 4.13 Research and Education 4.13.1 Background Information The natural and historical assets of both the coastal and marine habitats at Flamborough Head are an important educational resource. The site is regularly used by a variety of educational establishments from schools to universities as well as for educational events on an ad hoc basis. Access to the shores is generally limited to several key areas due to the sheer cliffs and tides. These include Sewerby Steps, Danes Dyke, South Landing, Selwicks Bay, North Landing, Thornwick Bay and at Reighton Sands. A number of relevant and competent authorities undertake statutory monitoring, mainly in relation to public health issues, specific surveys and national programmes. The balance of evidence now points to human influence in climate change. Over the last 100 years the East Coast of Yorkshire has experienced a 2-2.5 mm rise in sea level per year, relative to the land levels. In the future global warming is expected to become more pronounced and so rates of sea level rise are expected to increase significantly. There is also a view that global warming will lead to an increase in storm frequency. Climate change can influence marine biota by a combination of direct and indirect effects, mediated by biotic interactions or marine currents (PMNHS 1999). It is very difficult to estimate what impact this would have on social and economic sectors. It is possible that changes in sea temperature (if this occurs) could affect the fish and shellfish stocks (both in a negative and a positive way). The effects of this on the SAC are uncertain. However, an increase in sea level may lead to increased erosion and a reduction in the time that the rock platform is exposed at low tide. With changes to exposure, rocky shore and intertidal sea cave communities might migrate. It is important, therefore, that the Management Group establishes links with academic institutions to encourage research into these issues and their potential impact on Flamborough Head. 4.13.2 Management No formal management identified. No formal co-ordination of research identified. Individual organisations and establishments organise own work programmes. The RSPB implement operational limits on groups of visitors to minimise disturbance e.g. school groups are limited to 80 per annum. Managing climate change is primarily a governmental and global issue. Input to policy is largely obtained from all agencies, authorities and non-government bodies. 4.13.3 Management for nature conservation Promote awareness in order that contractors/educational/scientific activities are undertaken in a manner that takes into account the sensitivity of the internationally important interest features of the site. 4.13.4 Future management A pragmatic approach should be adopted when balancing the long-term benefits of increased awareness against any potential effects on the interest features. The internationally important features are the principal asset supporting this sector and make this an exceptional educational resource. Relevant authorities should attempt to raise awareness of the site’s importance, wherever possible. This may be achieved in partnership with the Forum and/or existing initiatives. 4.13.5 Issues and Management Plan policies Issue: Promotion of wildlife designations and the conservation importance of the area Concerns were raised that many local people and visitors to the area are vaguely aware of its designations and the importance of the marine area for conservation. With little public information 4.25 Flamborough Head Management Plan and interpretation of the marine area. It is hoped that by providing more information about the area it will lead to greater appreciation of the coast and its wildlife features. In so far as each Relevant Authority is able to and where practicable, the following policies will be adopted: Policies Seek to identify opportunities for raising public awareness, encouraging a better understanding of the Headland, Heritage Coast and the marine and terrestrial ecology and issues relevant to their sustainable management. Support the production of archaeological and historical interpretation. Issue: Information Database A great deal of information exists about the area, through work carried out by relevant authorities, local groups and organisations and individuals. However a lot of this work goes unrecognised, with many not fully knowing what information is already available about the area. In so far as each Relevant Authority is able to and where practicable, the following policies will be adopted: Policies Co-ordinated educational/research initiatives help achieve effective use of resources. A system shall be put in place to make the range of information about Flamborough Head easily accessible to all. Factors arising from activity Activity & location Intensity Seasonal/ Temporal Existing management Possible effect on feature(s) Effects Climate change Low No/Yes None identified Distribution of reef communities None recorded Educational activitiesrestricted to access points Med Yes/No None identified Physical disturbance to reef communities Not assessed Research and contract surveys Low No/Yes None identified Dependent upon scale and nature of activity None recorded 4.26 Flamborough Head Management Plan 4.14 Shipping, navigation and deposits at sea 4.14.1 Background Information Bridlington is primarily a fishing port, although a significant proportion of its activities relate to the tourism and recreational sector. The only permanent moorings are within Bridlington harbour, which is subject to maintenance dredging. Dredge spoil, from maintenance dredging of Bridlington Harbour, has been disposed of at a site approximately 3 km east of the harbour and 2 km south of Beacon Hill, for over 20 years. Material accumulates within the harbour as a result of the tidal processes, derived largely from erosion of the Holderness coast and a very small input from the Gypsey Race. The work is carried out to ensure that Bridlington Harbour can operate effectively, acting as a major economic resource for both the fishing and tourism industries in the area. North Landing has limited facilities for a number of traditional Yorkshire fishing cobles only, whilst there are Local Authority boat launching sites at Bridlington South Beach, South Landing and Filey, to the north of Flamborough Head. A lighthouse and fog station on the Headland serves to warn maritime users about the hazards of this coastline, whilst a buoy marks the northern end of the Smithic Bank. Aids to navigation are the responsibility of, and are maintained by, Trinity House Lighthouse Service. 4.14.2 Management DFT has central responsibility for ports and by the Department for Environment Food and Rural Affairs (Defra) has responsibility for fishery harbours. Local administration for Bridlington and Flamborough & North Landing is the responsibility of the Bridlington Harbour Commissioners and Flamborough & North Landing Harbour Commissioners respectively. The local authority launch sites are the responsibility of the relevant local authorities. Facilities available include waste reception and boat maintenance, whilst Bridlington Harbour also operates to an agreed Waste Management Plan, which is produced under the guidance of the Maritime and Coastguard Agency (MCA). In the event of a wreck in the European Marine Site, Trinity House Lighthouse Service is responsible for ensuring safe navigation by marking the wreck with a buoy or buoys and/or undertaking wreck removal or dispersal operations. An annual consent, issued (Defra), allows the Harbour Commissioners to dispose of up to 20,000 tonnes at the disposal site. Over the last 20 years between 2,080 and 28,160 tonnes disposed of annually. Disposal of the dredged material takes place all year round, but has traditionally taken place over the period October to March and only at certain times of the tide. At the time spoil is dumped, due to the circulation of the water in the bay, the fine material in suspension is initially carried in an easterly direction, away from the key features of the SAC, with suspended material carried offshore. The sediment that settles on the seabed does not necessarily follow the same course, moving only when currents exceed a certain threshold. However, data suggests (Bullen Consultants, 1995) that the strongest currents in the immediate vicinity of the disposal site are predominately eastward, it is therefore presumed that the sediment initially moves in the same direction. With regard to the longer term destination of the material, sediment exchange between Smitic Sands and Filey Bay has been identified in Shoreline Management Plans for this region, with the tidal gare (circulation) at Smithic Sands causing sediment accumulations at the sandbank. The principal regulatory body associated with disposal to the seabed is Defra. Licences are issued under the Food and Environment Protection Act 1985 Part II (as amended). 4.27 Flamborough Head Management Plan 4.14.3 Management for nature conservation A Waste Management Plan is produced by Bridlington Harbour, which was recently reviewed in March 2006. Defra carried out an appropriate assessment of the potential effects of the dredge disposal on the European Marine Site in 2001. This assessment was supported by CEFAS report AA001. The assessment concluded that the disposal operations do not have an adverse impact upon the integrity of the site. As a precautionary measure conditions are attached to the consent to minimise any potential harmful effects arising from the disposal of the dredged material, these include: • Parts of the harbour being designated as ‘no dredge’ areas, in view of the amounts of contaminants that are bound within sediments; • Samples of dredge spoil are periodically analysed for the presence of contaminants; • Total annual quantity for disposal at the site is limited to 20,000 tonnes per year • Defra, CEFAS and Natural England should be notified of any changes to the method of disposal; • Continued monitoring of the dredge disposal by Natural England and the Management Group. 4.14.4 Future management The main problems potentially affecting the European Site interest features, and which are associated with shipping, are often from outside the site. The North Sea is recognised as a ‘Special Area’ under the international Marpol agreement. However, if the effects of such activities are recorded then relevant/competent authorities and users should seek to minimise their impact, wherever possible. Mariners should also be informed where possible about location of Marine Environmental High Risk Areas (MEHRA’s). 32 locations around the UK coast have been identified as MEHRA’s, Flamborough Head being one of them. The primary purpose of them is to inform mariners of areas with high environmental sensitivity where there is a real risk of pollution from shipping. The inter-relationships between the disposals of dredge spoil; the Smithic bank and adjacent subtidal faunal turf reef communities are not well understood. Defra have committed to review the appropriate assessment of the dredge disposal in 2006, this work is currently underway. 4.14.5 Issues and Management Plan policies In so far as each Relevant Authority is able to and where practicable, the following policies will be adopted, however there are no direct issues related to shipping, navigation and deposits at sea. Policies To maintain a viable and cost effective harbour at Bridlington the operation of which is compatible with the interest features of the European Marine Site. Harbours and launch sites provide cost-effective services to both fishery and tourism related sectors. Navigation aids are functioning correctly and well-maintained and inshore waters safe for maritime users. 4.28 Flamborough Head Management Plan Factors arising from activity Activity & location Intensity Seasonal/ Temporal Existing management Possible effect on feature(s) Effects Waste disposal- in European Marine Site Low No/Yes Waste reception facilities at launch sites/harbours Litter can be ingested (toxic) or lead to entanglement, affecting both seabird and intertidal communities. Not assessed Accidental spillageWithin or adjacent to site Low Yes/Yes Emergency Contingency Plans Smothering, toxic contamination. Effects dependent upon season and sensitivity of feature. Can be severe. Dredge spoil disposal54 05.10N 00 08.00W Med Yes/No Annual FEPA licence. Sample monitoring. ‘No dredge’ area. Potential smothering of reef communities Mobilisation of contaminants i.e. TBT antifouling Short-term increased turbidity Altered substrate type Assessed – No adverse effect (2001) to be reviewed 2006 4.29 Flamborough Head Management Plan 4.15 Shoreline management 4.15.1 Background Information Flamborough Head projects out into the North Sea and therefore plays an important part in determining the movement of sediment and the shape of the coast by influencing coastal processes in the region. Coastal erosion varies along the length of the European Marine Site and adjacent stretches of coastline. It is dependent on underlying rocks and exposure to wind and wave action. The north facing cliffs are moderately exposed to wave action whilst the south facing shores are relatively sheltered. The coastline here recedes comparatively slowly as a series of occasional landslides, resulting from both wave action to the base of the chalk cliff and surface water lubricating the softer glacial till (overlying boulder clay) above. Coast protection structures around the headland are few and isolated. Their main role has been to stabilise the vegetated cliffs on the southern side. Other man made structures have been built to improve fishing and lifeboat access at North and South Landing and protect access at Sewerby steps. The seafront at Bridlington, south of the European Marine Site, is entirely protected by seawalls, whilst there are no structures to the north in Filey Bay until the resort of Filey. 4.15.2 Management Shoreline Management Plans (SMPs) provide a strategic framework for the management of coastal defences for a specified length of coast, for which DEFRA has policy responsibility. Maritime Authorities involved are identified in the Coast Protection Act 1949. Flamborough Head is situated at the boundary of two distinct sediment cells and is therefore covered by two SMPs, although it does not form an absolute boundary to sublittoral drift. Scarborough Borough Council leads the SMP covering Huntcliffe, in the north, to Flamborough Head, (North Eastern Coastal Authorities Group Shoreline Management Plan), whilst the Humber Estuary Coastal Action Group (HECAG) led by the East Riding of Yorkshire covers the area to the south. The SMP north of Flamborough Head is currently under review. Local authorities predominantly carry out design, construction, maintenance and operation of defence measures within these two SMPs. The funding for such works from DEFRA is subject to three criteria being met, one of which is environmental acceptability. 4.15.3 Management for nature conservation The preferred strategic coastal defence options highlighted in the two SMPs recognise the importance of maintaining the natural processes, international conservation importance, and marine and landscape resources of the site. 4.15.4 Future management SMPs provide the necessary forum for addressing coast protection issues within the area. Although given that the European Marine Site straddles two SMPs, collaboration between the two groups should be maintained in order to ensure that the international importance of this site is maintained and that natural processes are allowed to operate. 4.30 Flamborough Head Management Plan Factors arising from activity Activity & location Intensity Cliff protection Low structures- isolated Seasonal/ Temporal No/Yes Existing management Maritime Authority Possible effect on feature(s) Effects Physical loss of or disruption to physical processes affecting, nesting seabird habitats, vegetated sea cliff or rocky shore communities. Isolated loss (NECAG SMP II and HECAG SMP – propose no additional defences on Flamborough Head) 4.31 Flamborough Head Management Plan 5.0 Action Plan for the Flamborough Head European Marine Site This section details the actions to be undertaken by the relevant authorities to ensure compliance with the Habitat Regulations over the next 5 years 5.1 Introduction This section details the actions to be undertaken by the individual relevant authorities, either working alone or in partnership, to manage the Flamborough Head European Marine Site and adjacent internationally important coastal interest features. The Action Plan has been divided into three: Action Plan to deliver the management measures and objectives (see section 5.3.1) The contents of this action plan are derived from a consideration of the existing management of the area (Section 4) in relation to its interest features, English Nature’s Regulation 33 advice package and public consultation workshops. As far as possible these link to existing activities and plans, e.g. the Integrated Coastal Zone Management Plan, both to avoid duplication of effort and to emphasise the linkages that already exist between the relevant authorities. This approach is consistent with the management objectives for the plan, as set out in English Nature’s Regulation 33 advice package, Annex IV. Action plan for the review and revision of the management plan (see Section 5.3.2) These actions are those that are necessary for the running of the management plan and to support the process of review. Action plan for survey and monitoring of the condition of interest features (see Section 5.3.3) This table lists the survey and monitoring requirements, to abstain whether or not the features are in favourable condition. The information is based upon the favourable condition tables, as set out in the Regulation 33 advice package for the Flamborough Head European Marine Site and those for the internationally important coastal features. 5.2 Action plan structure Each action plan lists the management actions for the Relevant Authorities and where appropriate, other partners and sets out a period for undertaking them. The table is formatted as follows: Column 1: Management Rationale The management rationale has been derived from Section 4 and often represents an amalgamation of different categories of activities. For practical purposes, ‘Activities’ in this Management Plan include those that are subject to any licences, consents or permissions in addition to those not regulated. Column 2: Management solutions Management solutions have been identified for relevant/competent authorities and where appropriate, other partners. The ‘F List’ (Table 5), indicates the general management approach to be adopted through identifying the types of response to any factor, appropriate to different circumstances. The action plan defines more clearly the type of management solution selected. 5.1 Flamborough Head Management Plan Table 5: ‘F list’ assessment of activities and the management approach to be taken F score Activity Management solution Example F1 Activity is a natural process. Surveillance. Coastal erosion. F2 There is no known mechanism for the activity to affect the feature, and no evidence that it is having an effect. There is a known mechanism for the activity to have an effect, but insufficient information to suggest that it is having a significant effect at present. There is evidence of a significant effect but the activity and/or mechanism is unknown. Not considered further. There is evidence to suggest that an activity is having or could have a significant effect and the mechanism is known. The activity constitutes a plan or project. Implement management measures (voluntary or statutory), with operational limits as appropriate. Apply Habitats Regulations and maintain audit trail of decisions. These are activities/issues, which may have been raised but are not happening on site. The presence of marine litter within the site – no evidence to suggest that it is having a significant effect at present Some forms of recreation are suspected of disturbing EMS features but little is known on the effects if the disturbance and how best to manage the activities. The impact of trampling on the SAC vegetated sea cliffs. F3 F4 F5 F6 Obtain further information on activity e.g. location and intensity, and/or site condition. Investigative studies/trial management including operational limits. Activities requiring planning permission or consent Column 3: Targets and measures This column details the targets that each relevant/competent authorities and where appropriate, other partners should be achieving to complete the suggested management solution. Column 4: Responsibility for action For each management solution, a number of relevant authorities may be responsible for implementing it, in addition to other partners. The abbreviations used in the table are listed below: BAP BHC Defra DFT DTI DCLG EA EH ERYC ESS FRCA HECAG JNCC LA LDF LPA MCA MCEU MFA NE Biodiversity Action Plan Bridlington Harbour Commissioners Department of Environment, Food and Rural Affairs Department for Transport Department of Trade and Industry Department of Communities and Local Government Environment Agency English Heritage East Riding of Yorkshire Council Environmental Stewardship Scheme Farming and Rural Conservation Agency Humber Estuary Coastal Action Group Joint Nature Conservation Committee Local Authority Local Development Framework Local Planning Authority Maritime and Coastguard Agency Marine Consents and Environmental Unit Marine Fisheries Agency Natural England 5.2 Flamborough Head Management Plan NECAG NESFC NYCC SAC Mgt Grp SBC SMA SMP SNETG YHA YWS YWT North East Coastal Action Group North Eastern Sea Fisheries Committee North Yorkshire County Council Flamborough Head SAC Management Group Scarborough Borough Council Sensitive Marine Area Shoreline Management Plan Sustainable Natural Environment Task Group Yorkshire and Humber Assembly Yorkshire Water Services Yorkshire Wildlife Trust Column 5: Time period The time period covers the financial years 2006/2007 to 2011/2012. The EU requires that each Member State report back on the favourable conservation status of its designated habitats and species every 6 years. This Management Plan indicates the timescales in which these actions are to be initiated/completed and are consistent with the JNCC’s timescale for reporting back to the EU on behalf of DCLG. Key to Action Plan ✔ ➜ Represents a benchmark i.e. for which a report should be produced or time for which action should be completed by. Indicates that the action is ongoing. The process for dealing with this activity/ies is explained in Section 5.3. Key Actions: A number of actions are considered to be key, to the successful delivery of the plan, these are highlighted in red throughout the action plan table (5.3.1). Those actions highlighted, with an * have resulted from the completion of the management effectiveness scorecard and are considered as key to the successful management of the area; see Section 5.3 for more detail. 5.3 Reporting and Reviewing The Habitats Directive requires the site to be monitored to ensure favourable condition status and to indicate any changes at the earliest possible stage. Monitoring of the site will continue, more detailed information can be found within the Regulation 33 advice package, Annex IV. Relevant Authorities will meet twice a year to discuss any problems and will form the focal point for assessing all the information that individual Relevant/Competent Authorities may be responsible for collating on both natural and human factors, which will inform the need for adjusting any future management decisions within the Management Plan, in consultation with the Flamborough Head Maritime Forum (see Section 2.10.2). Written reports will be submitted to the management group on a yearly basis at which point the action plan will be reviewed and its effectiveness assessed, with the possibility of revisions to the contents. The purpose of producing a brief written report is to record the progress of implementing the agreed actions. For Natural England and the Environment Agency the report will also include an update of research findings and site monitoring. Every other year, along side the yearly review of the action plan, a management effectiveness scorecard will be completed. The scorecard is a self-assessment tool and will help the management group identify which areas are succeeding, whilst addressing management gaps. The scorecard will be 5.3 Flamborough Head Management Plan used to track progress of the EMS over time, the overall objective being to identify actions that could improve management. The framework of the scorecard is based around the idea that good protected area management follows these 6 distinct stages: 1. Context – Where are we now, including designation information for the area; 2. Planning – Where do we want to be? Assessment of site design and planning; 3. Inputs – What do we need? Assessment of resources needed to carry out management; 4. Processes – An assessment of the way in which management is conducted; 5. Outputs – An assessment of management programmes and actions; 6. Outcomes – Have the resulted outcomes, achieved the objectives? The main part of the assessment is a series of questions, all of which fall into one of the above categories. The scorecard was completed for the first time during the review period and a number of actions have resulted from this, highlighted in red, with an * in the action plan (5.3.1). In addition to the annual and biennial reporting on the Action Plan, the Management Plan should be reviewed, initially, at the end of the next 6 yearly cycle, 2011/2012, to take into account the reporting on favourable condition to the JNCC and subsequent reporting to EU on favourable conservation status. Any future review of the Management Plan will need to take into account amended or new plans and initiatives, potential changes to site usage through consultation with the Flamborough Head Maritime Forum and continue to take a more long term approach to management. Two forms of monitoring which will continue to be put in place by the Management Plan are: Compliance Monitoring This is to ensure that all Relevant Authorities are abiding by the management plan. Each Relevant Authority is responsible for monitoring the activities under their remit, to ensure this happens each Authority has a number of actions within the action plan, which identifies existing and new management measures. Relevant Authorities report on all of their actions contained in the action plan on an annual basis. Such monitoring can identify whether or not there is a need to modify the Action Plan, making sure the Flamborough Head European Marine Site stays in favourable condition. Condition Monitoring Environmental, or condition, monitoring of a number of physical and biological attributes relating to the European Marine Site has been established, as part of the Regulation 33 advice package. Such monitoring is needed to help identify any long-term changes at the site that may require action in the Management Plan or act as a trigger for undertaking further investigative studies. The detailed monitoring programme for the site can be seen in the action plan. NOTE: On 2 October 2006 English Nature, the Rural Development Service and parts of the Landscape Access and Recreation functions of the Countryside Agency merged to form a new body called Natural England – this change is reflected in the actions attributed to organisations in the Action Plan. 5.4 Flamborough Head Management Plan 5.3.1 Action plan to deliver management measures and objectives Management rationale Management solutions (Activities not in priority) See ‘F’ list 1. Collection Quantify the current levels of site usage and raise awareness of potential impacts. 2. Energy industries Currently offshore. Targets/measures Implementation 2006/ 2007 F3- Obtain baseline information on extent of and monitor trends for bait collection from rocky shores. Report on findings to SAC Mgt Grp. NESFC lead Forum F3- Assess above against reef conservation objectives and Reg33 advice. Use condition monitoring and favourable condition table for rocky shore communities. NE 2007/ 2008 2008/ 2009 2009/ 2010 2010/ 2011 2011/ 2012 ✔ ➜ ➜ ➜ ✔ ➜ ➜ ✔ ➜ ✔ ➜ ➜ ➜ ➜ NE ➜ ✔ ➜ ➜ ➜ ✔ Audit trail of decisions for applications affecting site to be maintained. DTI ➜ ➜ ➜ ➜ ➜ ➜ Audit trail of decisions for applications affecting site to be maintained. DTI lead JNCC ➜ ➜ ➜ ➜ ➜ ➜ ➜ ➜ ➜ ➜ ➜ ➜ ➜ ➜ ➜ ➜ ➜ ➜ ➜ ➜ ➜ ✔ ➜ ➜ F3- Obtain baseline information on extent Report on findings to SAC Mgt Grp. of and monitor trends for fossil collection from maritime chalk habitat. NE lead Forum F3- Assess above against vegetated sea cliffs/reef conservation objectives. Use condition monitoring and favourable condition table for vegetated sea cliff/rocky shore communities. F6- Apply Habitats Regs to any new developments affecting site within 12 nautical miles. F6- Apply Habitats Regs to any new developments affecting site outside 12 nautical miles (territorial waters). F5- Ensure the Emergency planning team are aware of the Flamborough Head management plan and understand the implications of it in relation to their work Emergency Contingency Plan in event of pollution incident. Planning team to report annually of any incidents effecting the marine site and activities undertaken. Period SBC ERYC Emergency Planning Team Inform review of plans of international importance and of any incidents within or around the EMS. ERYC Emergency Planning Team 5.5 Flamborough Head Management Plan 5.3.1 Action plan to deliver management measures and objectives Management rationale Management solutions (Activities not in priority) See ‘F’ list 3. Fishing and aquaculture Use existing baseline information, where available, to develop an ongoing monitoring programme in order to identify any impact on reef interest features within the site. Targets/measures Implementation Period 2006/ 2007 2007/ 2008 2008/ 2009 2009/ 2010 2010/ 2011 2011/ 2012 ✔ ➜ ➜ ✔ ➜ ➜ ✔ ➜ ➜ ➜ ➜ F3- Continue to monitor changes in fishing type, e.g. potting, trawling, and intensity in site based on Report II (Senior, R. 1999), through patrol vessel sighting records and use the developed GIS based monitoring tool to identify the location of potential impacts on reef interest features. Use to review ongoing fisheries management and site condition requirements. Triennial review of report to be made available to SAC Mgt Grp. NESFC F3- Monitor and record surface markers, and overlay with the above and digital habitat information. Use to inform management decisions to gain an accurate idea of static gear effort. NESFC F3- Assess above against reef conservation objectives and Reg 33 advice. Use condition monitoring and favourable condition table for reef communities. NE F6- Assess the potential impact of demersal trawling. Establish a baseline design-monitoring programme. NE, NESFC and trawling industry F3- Obtain baseline information on extent of and monitor trends for sea angling from licensed boats. Report on findings to SAC Mgt Grp. BHC lead Forum F3- Assess above against reef conservation objectives and Reg 33 advice. Use condition monitoring and favourable condition table for reef communities. NE F4- Investigate viability of environmentally sensitive and sustainable fishing methods. Report on findings of the MSC Lobster Conservation Project to SAC Mgt Grp. NESFC Defra/NE ➜ ➜ ➜ ✔ ➜ ➜ F6- Apply Habitats Regs to all licensed Fisheries. Audit trail of decisions for applications to be maintained. NESFC and Defra ➜ ➜ ➜ ➜ ➜ ➜ * F3- Establish fisheries liaison group to discuss fisheries issues at Flamborough Head Establish Group and host meetings when required NESFC/NE and fisheries stakeholders ✔ ➜ ➜ ➜ ➜ ➜ ✔ ➜ ✔ ✔ ✔ ✔ ➜ ✔ ➜ ➜ ➜ ✔ ✔ 5.6 Flamborough Head Management Plan 5.3.1 Action plan to deliver management measures and objectives Management rationale Management solutions (Activities not in priority) See ‘F’ list Targets/measures Implementation Period 2006/ 2007 2007/ 2008 2008/ 2009 2009/ 2010 2010/ 2011 2011/ 2012 4. Industrial activity and consented discharges As a competent authority the EA will comply with the EU Birds & Habitats Directives in planning and carrying out all of its regulatory and operational activities. F6- Review of existing consents as under the Habitats Regs. Timescale set for process. EA ➜ ➜ ✔ ➜➜ ➜➜ ➜✔ F6- Application of the Habitats Regs to plans and projects requiring Agency authorisation. Audit trail of decisions for applications affecting site to be maintained. Draft procedures and guidelines set out in policy number 183-01 version 5. EA ➜ ➜ ➜ ➜ ➜ ➜ 5. Land management Work with landowners/ managers to safeguard adjacent internationally important coastal habitats and monitor effects of activities in order to determine they are consistent with conservation objectives for vegetated sea cliffs. F5- Use land management agreements and site condition assessments to meet statutory targets. Meet all SSSI owner/occupiers 2 times in 6 years. Assess site condition against conservation objectives. NE ➜ ✔ ➜ ➜ ✔ ➜ ➜ ✔ ➜ ➜ ✔ ➜ ✔ ➜ ➜ ➜ ➜ ➜ ➜ F5-Use land management agreements and Report to SAC Mgt Grp on extent of monitoring to meet non-statutory targets e.g. positive land management through CSS CSS and ESS and maritime cliff & slope and ESS for coastal strip. priority BAP habitat. NE * F3 Establish land management liaison group to assess feasibility of progressing integrated approach to the use of Agrienvironment Schemes at Flamborough Head Establish group and progress actions: • Ecosystem based scheme targeting • Close working with farmers and interest parties NE F5- EA to Implement the Corporate Strategy for Yorkshire and Humberside 2006-2011 to minimise effects of diffuse sources of pollution from agricultural practices. Report to SAC Mgt Grp EA ➜ ➜ ✔ ➜ F3- Produce a comprehensive site condition assessment of the terrestrial environment, to assess the impact of access on the Headland in line with conservation objectives. Report findings to SAC Mgt Grp NE ➜ ➜ ➜ ✔ 5.7 Flamborough Head Management Plan 5.3.1 Action plan to deliver management measures and objectives Management rationale Management solutions (Activities not in priority) See ‘F’ list Targets/measures Implementation Period 2006/ 2007 2007/ 2008 2008/ 2009 2009/ 2010 2010/ 2011 2011/ 2012 ✔ ➜ ➜ ✔ ➜ ✔ ➜ ➜ ➜ ✔ ➜ ➜ ✔ ➜ ➜ ➜ ➜ F3- Obtain baseline information on extent of and monitor trends for quad biking around the Headland. Carry out joint working to reduce impacts of motorised vehicles at Danes Dyke. Report findings to SAC Mgt Grp Forum, ERYC – Countryside Access Team, local police. F3- Assess above against conservation objectives and Habitats Regs. Use condition monitoring and favourable condition table for sites interest features. NE F2- Joint working with partners to protect and enhance Biodiversity Action Plan habitats at Flamborough Head Meet with East Riding SNETG and Scarborough BAP groups. ERYC – Sustainable development Team/ER NETC/ Scarborough BAP groups 6. Mineral extraction F6- Apply Habitats Regs to plan or project affecting site. Audit trail of decisions for applications affecting site to be maintained. DCLG (Crown Estate) ➜ ➜ ➜ 7. Planning and development As competent authorities the LPAs will comply with the EU Birds & Habitats Directives in planning and carrying out all of their regulatory and operational activities. F6- Review of extant consents as under the Habitats Regs. Timescale indicated for process. LPAs ➜ ➜ ✔ F6- Application of the Habitats Regs to plans and projects requiring consent. Audit trail of decisions for applications affecting site to be maintained. LPAs ➜ ➜ ➜ ➜ ➜ ➜ F5- Use management plan to inform The Yorkshire and Humber Regional Spatial Strategy, to replace the Regional Planning Guidance Note 12. Inform policies affecting international sites. YHA have acknowledged the EMS in the RSS, to be completed 2007/2008 and reviewed in 10 years. YHA ➜ ✔ ➜ ➜ ➜ ➜ F5- Use management plan to inform SBC and ERYC Local Development Framework. Inform policies affecting international sites. SBC and ERYC ➜ ➜ ✔ ➜ ➜ ➜ 5. Land management, Continued 5.8 Flamborough Head Management Plan 5.3.1 Action plan to deliver management measures and objectives Management rationale Management solutions (Activities not in priority) See ‘F’ list 8. Water Quality 9. Recreation and tourism Quantify the current levels of site usage and assess against conservation objectives. Raise awareness of potential impacts, consistent with SMA and Heritage coast objectives. 10. Research and education Raise awareness of site’s importance to visiting research and educational groups. Targets/measures Implementation Period 2006/ 2007 2007/ 2008 2008/ 2009 2009/ 2010 2010/ 2011 2011/ 2012 ➜ ➜ ➜ ➜ ➜ ➜ ✔ ➜ ➜ ➜ ✔ ➜ ✔ ➜ ➜ ➜ F3 – Management measures currently applied: • Assess water quality in compliance with the Bathing Waters Directive. 20 samples per season to be taken at the designated sites. EA F3 – Obtain baseline information on the level of nutrient enrichment. Report findings to SAC Mgt Grp EA and NE lead YW offer support F3- Obtain baseline information on extent of and monitor trends for water-based activities affecting site. Report on findings to SAC Mgt Grp/ Forum. LAs lead BHC/ Forum F3- Assess above against reef conservation objectives and Reg 33 advice. Use condition monitoring and favourable condition table for reef communities. NE F3- Obtain baseline information on extent of and monitor trends for land-based activities affecting site. Report on findings to SAC Mgt Grp/Forum. LAs lead Forum F3- Assess above against site conservation objectives and Reg 33 advice. Use condition monitoring and favourable condition table for sites interest features. NE * F1- Identify user groups to develop collaborative monitoring programmes which also support production of user-based ‘codes of conduct’. Report on findings to SAC Mgt Grp/Forum. SAC Mgt Grp/ Forum ➜ ✔ ➜ ➜ ➜ ➜ * F3- Provide information on the importance of the site using existing mechanisms, wherever possible, and/or new initiatives e.g. website, leaflets. Report to SAC Mgt Grp/Forum on methods used. SAC Mgt Grp lead Forum ➜ ✔ ➜ ✔ ➜ ✔ ➜ ✔ ➜ ➜ ✔ ➜ ✔ ➜ ➜ ✔ ✔ 5.9 Flamborough Head Management Plan 5.3.1 Action plan to deliver management measures and objectives Management rationale Management solutions (Activities not in priority) See ‘F’ list 11. Shipping, navigation and deposits at sea Identify monitoring programmes to assess any potential impacts on interest features as part of ongoing activity. Targets/measures Implementation F3- Obtain baseline information on extent of and monitor trends for maritime litter affecting site. Provide information obtained from ‘beach-clean surveys’. ERYC – Countryside Access Team / Forum F3- Assess above against site conservation objectives and Reg 33 advice. Use condition monitoring and favourable condition table for sites interest features. NE F5- Within duties seek to provide waste reception facilities, promotion of ‘codes of conduct’ and meet agreements under international conventions. Target user groups of site, e.g. leaflets or notice boards, to raise awareness of facilities and potential impacts of their activities. BHC/ LA launch sites/ Forum F5- Emergency Contingency Plan in event of pollution incident. Inform review of plans of international importance. BHC Period 2006/ 2007 2007/ 2008 2008/ 2009 2009/ 2010 2010/ 2011 2011/ 2012 ➜ ✔ ➜ ➜ ✔ ➜ ✔ ✔ ➜ ➜ ➜ ✔ ➜ ➜ ➜ ➜ ➜ ✔ ➜ ➜ ➜ ➜ ➜ ✔ ✔ ➜ ✔ ➜ ➜ ✔ ➜ ➜ SBC ERYC ✔ F6- Review of consent to dispose of harbour dredgings under Habitats Regulations. Report to EN on ‘likely significant effect’ and ‘adverse affect on integrity.’ Defra F5- Management measures currently applied; • Monitor samples of dredge spoil for contaminants; • Record and log volumes of dredge spoil disposed of per annum; Report to SAC Mgt Grp and DEFRA on site usage. Assess against guideline ‘Action Levels’. BHC CEFAS ➜ ➜ ✔ ➜ ➜ ➜ Record against figures set within FEPA licence. BHC ➜ ➜ ✔ ➜ ➜ ➜ F5- Management measures currently applied; • Operational procedures to mitigate for potential effects on adjacent reef communities Dredgings disposed of on ebb tides - All year round. BHC ➜ ➜ ✔ ➜ ➜ ➜ F3- Assess above against reef conservation objectives and Reg 33 advice. Use condition monitoring and favourable condition table for reef communities. ✔ ✔ ✔ NE 5.10 Flamborough Head Management Plan 5.3.1 Action plan to deliver management measures and objectives Management rationale Management solutions (Activities not in priority) See ‘F’ list 12. Shoreline management Integration of adjacent SMP policies and review against conservation objectives/ Habitats Regulations. Targets/measures Implementation Period 2006/ 2007 2007/ 2008 2008/ 2009 2009/ 2010 2010/ 2011 2011/ 2012 F6- NECAG SMP review of management objectives Report to SAC Mgt Grp results of review Lead by SBC ➜ ➜ ➜ ➜ ➜ ➜ F6- HECAG SMP review of management objectives Report to SAC Mgt Grp results of review Lead by ERYC ➜ ➜ ➜ ➜ ➜ ➜ F6- Apply Habitats Regs to plans and projects within or adjacent to the site Audit trail of decisions for applications affecting site to be maintained ERYC/SBC lead Defra ➜ ➜ ➜ ➜ ➜ ➜ 5.11 Flamborough Head Management Plan 5.3.2 Action plan for the review and revision of the management plan Action for review and revision of management plan Management solutions Implementation Period 2006/ 2007 Produce and launch final version of Management Plan Standard report on the delivery of actions to be completed annually in Management Group meeting November. twice a year. To include Report on condition monitoring Formal mid-term review of the action plan Organise meetings and act as secretariat Management effectiveness scorecard Meeting with wider stakeholders every year (Flamborough Head Maritime Forum and interest groups) Review of Management Plan 2007/ 2008 2008/ 2009 2009/ 2010 2010/ 2011 2011/ 2012 All RA's 9 Collate information All RA's ➜ ➜ ➜ ➜ ➜ ➜ Collate information EN/NE/EA/NESFC ➜ ➜ ➜ ➜ ➜ ➜ Review All RA's ➜ ➜ 9 ➜ ➜ ➜ Liaison Project Officer ➜ ➜ ➜ ➜ ➜ ➜ Review All RA’s Liaison All RA's Review All RA's 9 9 9 9 9 9 9 9 9 9 5.12 Flamborough Head Management Plan 5.3.3 Action plan for survey and monitoring of the condition of interest features Monitor and review Condition monitoring Site condition monitoring of internationally important reef habitats, as set out in favourable condition table. Attribute Actions /Targets Lead Monitor changes in extent of reef features for whole site. Area of the sublittoral reef to checked, based on established baseline, and assessed in relation to rocky shore information. NE Sub-feature rocky shores Distribution and range of all intertidal and characteristic biotopes. Establish baseline map and monitoring transects. Using monitoring transects above record any change. NE Sub-feature kelp forest Distribution and range of kelp biotopes, presence and abundance of composite and characteristic species. Using baseline acoustic maps and water quality information identify monitoring sites. NE/ EA Sub-feature subtidal faunal turf communities Distribution and range of subtidal faunal turf, biotopes, presence and abundance of composite and characteristic species. Using baseline acoustic maps and site usage information identify monitoring sites. NE/SAC mgtgrp Using monitoring sites above record any change. NE Water quality variables. Develop dataset based on turbidity and temperature variables recorded at fixed locations 4 times per year. NESFC NE NE Using monitoring sites above record any change. Period 2006/ 2007 2007/ 2008 2008/ 2009 2009/ 2010 2010/ 2011 2011/ 2012 ➜ ➜ ➜ ➜ ✔ ➜ ➜ ➜ ✔ ➜ ➜ ➜ ➜ ➜ ➜ ✔ ➜ ➜ ➜ ✔ ➜ ✔ ➜ ➜ ➜ ✔ ➜ ➜ ➜ ➜ ✔ ➜ ✔ ➜ ➜ ➜ ➜ 5.13 Flamborough Head Management Plan 5.3.3 Action plan for survey and monitoring of the condition of interest features Monitor and review Attribute Actions /Targets Lead Period 2006/ 2007 Condition monitoring Site condition monitoring of internationally important sea cave habitats, as set out in favourable condition table. Monitor changes in extent of sea cave features for whole site. Sub-feature microalgal and lichen communities Establish baseline map and monitoring sites. NE ✔ Using monitoring sites above record any change. NE ➜ As above. NE ✔ ➜ 2007/ 2008 2008/ 2009 2009/ 2010 2010/ 2011 2011/ 2012 ➜ ➜ ➜ ➜ ✔ ➜ ➜ ➜ ➜ ✔ ➜ ➜ ➜ ➜ ✔ ➜ ✔ ➜ ➜ ➜ ✔ ➜ ➜ Distribution of intertidal chalk cave and lichen communities. Sub-feature faunal cushion and crust communities As above. NE ✔ ➜ Distributions of intertidal chalk cave biotopes. Condition monitoring Site condition monitoring of internationally important vegetated sea cliff habitats, as set out in favourable condition table. Monitor changes in extent of vegetated sea cliff features for whole site. Establish baseline map and monitoring sites. NE Using monitoring sites above record any change. NE Sub-feature vegetation communities Establish baseline map and monitoring sites. NE Species composition of characteristic maritime/ paramaritime/seabird/chalk/ boulder clay and wet flush influence. Using monitoring sites above record any change. NE ✔ ➜ ➜ ✔ ➜ ➜ 5.14 Flamborough Head Management Plan 5.3.3 Action plan for survey and monitoring of the condition of interest features Monitor and review Attribute Actions /Targets Lead Period 2006/ 2007 Condition monitoring Site condition monitoring of internationally important breeding seabird habitats, as set out in favourable condition table. Monitor changes in extent of suitable cliff habitat for breeding seabirds and populations. 2007/ 2008 2008/ 2009 2009/ 2010 2010/ 2011 2011/ 2012 ➜ ➜ ➜ ✔ ➜ ➜ ➜ ✔ ✔ Establish baseline information on extent and monitoring sites. NE Using monitoring sites above record any change. NE ➜ ➜ Use results of periodic seabird surveys e.g. ‘Seabird 2000' and assess against 1987 counts. RSPB/ JNCC/ NE ➜ ✔ Use annual productivity of key species e.g. kittiwake and gannet, as an indicator of breeding success. RSPB/ NE ➜ ➜ 5.15 Flamborough Head Management Plan 6.0 Sustainable development and the Ecosystem Approach The section describes how sustainable development and the Ecosystem Approach will be applied to the management of Flamborough Head and the surrounding area 6.1 Introduction It is now widely accepted that to ensure a better quality of life for future generations and ourselves we must make sure that we achieve a healthy and sustainable economy, environment and society. This is the essence of sustainable development. Several definitions exist the most frequently cited being that of the United Nations Brutland Report (1987), ‘development that meets the needs of the present without compromising the ability of future generations to meet their own needs’ 1 . The UK Government’s sustainable development strategy sets out five key guiding principles for sustainable development; these are (HM Government, 2005 2 ): • Ensuring a strong, healthy and just society; • Living within environmental limits; • Achieving a sustainable economy; • Promoting good governance; • Using sound science responsibly. The UK Government is committed to introducing a Marine Bill to help to deliver the vision of ‘clean, healthy, safe, productive and biologically diverse ocean and seas’. As such, the proposed Marine Bill will contain measures to produce a more efficient and effective regulation of UK marine waters, to streamline the present system of licences, which control the use of marine resources, and to achieve the sustainable and wise use of those resources. Living within environmental limits is the central principle for sustainable development. The primary way of achieving this is through the Ecosystem Approach. This is ‘a strategy for integrated management of water and living resources that promotes conservation and sustainable use in an equitable way’ 3 . The approach centres on the ability of the marine environment to provide ecological and societal goods and services and that it has a capacity to allow human activities but only up to a certain level beyond which the system will be degraded. In other words making sure that our economies and society operate within the capacity of the environment to support those activities. This places an emphasis on managing human activities that affect ecosystems rather than managing ecosystems themselves. The sustainable management of the marine ecosystem means achieving solutions which follow the 7 tenets outlined by Elliott et al (2006) 4 that solutions have to be environmentally sustainable, economically viable, technologically feasible, socially desirable or tolerable, administratively achievable, legally permissible, and politically expedient. In principle this means rather than adopting a reductionist approach to management which considers individual species and habitats, managers need to adopt a broad ranging approach where issues are considered within the capacity of the ecosystem to support them and where humans are considered as an integral part of that system. In particular, this requires the ability to maintain a set of critical marine processes against a background of natural change and human uses. (Elliott, M., Burdon, D. & K. Hemingway, 2006. Marine ecosystem structure, functioning, health and management and potential approaches to marine ecosystem recovery: a synthesis of current understanding. Report by the Institute of Estuarine & Coastal Studies (IECS), University of Hull to CCW. CCW Policy Research Report No. 06/05.) 1 From ‘Our Common Future (The Brutland Report)’ – Report of the 1987 Worlds Commission on Environment and Development. Her Majesty’s Government UK Sustainable Development Strategy. (2005) 3 Convention on Biological Diversity, 1998. Report of the Workshop on the Ecosystem Approach, Lilongwe, Malawi, 26 - 28 January 1998 – available from http://www.biodiv.org/doc/meetings/cop/cop-04/information/cop-04-inf-09-en.pdf 4 Integrated marine management and administration for an island state - the case for a new Marine Agency for the UK. Marine Pollution Bulletin, 52(5) 469-474): Elliott, M, S.J. Boyes & D. Burdon (2006) 2 6.1 Flamborough Head Management Plan 6.2 Ecosystem Approach implementation The implementation of the Ecosystem Approach is guided by 12 key principles, as follows: • The objectives of the management of land, water and living resources are a matter of societal choice; • Management should be decentralised to the lowest appropriate level; • Ecosystem managers should consider the effects (actual or potential) of their activities on adjacent and other ecosystems; • Need to manage the ecosystem in an economic context; • Conservation of ecosystem structure and functioning, in order to maintain ecosystem services, should be a priority target of the Ecosystem Approach; • Ecosystems must be managed within the limits of their functioning; • The Ecosystem Approach should be undertaken at appropriate spatial and temporal scales; • Recognising the varying temporal scales and lag-effects that characterise the ecosystem process, objectives for ecosystem management should be set for the long term; • Management must recognise that change is inevitable; • The Ecosystem Approach should seek the appropriate balance between, and integration of, conservation and use of biological diversity; • The Ecosystem Approach should consider all forms of relevant information including scientific and indigenous local knowledge, innovations and practices; • The Ecosystem Approach should involve all relevant sectors of society and scientific disciplines. The Ecosystem Approach is guided by the above principles, but the following characteristics are also important for successful implementation (Turner, 20045): • The development of a Management Plan; • Good stakeholder involvement; • Good public awareness; • Good co-operation amongst stakeholders and agencies; • Good communication amongst stakeholders; • Good information sharing; • Adequate personnel resources; • Adequate funding; • The availability of Scientific Information; • Subsequent changes in management activities. 6.3 The Ecosystem Approach at Flamborough Head Sustainable development has always featured within the management scheme, the objective of the scheme being to protect the environment but (implicitly rather than explicitly) within a sustainable use of the marine resources by the local community. However, previously, the Flamborough Head European Marine Site management scheme focused on a limited range of species and habitats that occur within the area including the; • Vegetated sea cliffs; • Sea caves; • Reefs; • Seabirds, including puffins, kittiwakes and razorbills. This approach to management, although simple and cost effective, resulted in a number of problems, which made management of the site harder and arguably less effective. For example stakeholders wished to discuss all issues relevant to the management of the wildlife, landscape and access resource of the site rather than just the designated wildlife features. This made it hard for stakeholders involved in the Scheme to understand its remit. By adopting an approach that takes a broad approach to the 6.2 Flamborough Head Management Plan wildlife, landscape and access resource at Flamborough and, integrates this with the social and economic needs of people that use the site, it is intended that better more informed and therefore sustainable decisions about management will be made. This current review has given the management group the opportunity to assess the previous scheme against the principles of the Ecosystem Approach and the principles of good practice criteria to identify areas for improvement. As a starting point to this process the previous management scheme for the European Marine Site was assessed against the 12 Criteria as defined by the IUCN and the characteristics that are important for successful implementation. This information is contained within the following table. 6.4 Table Structure Column one lists the 12 key Ecosystem Approach principles. These principles are then individually evaluated against current management measures. Each principle is then discussed in more detail, to explain why current management may or may not be fulfilling the principle in question. The final column suggests future proposals, to bring management closer to the Ecosystem Approach. 6.3 Flamborough Head Management Plan Table 6: Review of current management at the Flamborough Head European Marine Site against the 12 principles of the Ecosystem Approach 1 Ecosystem Approach Principle The stakeholder dialogue and current management scheme Discussion The objectives of management of land, water and living resources are a matter of societal choice. Societal choice has been made at different levels: Integrated management is the focus of the Ecosystem Approach, with the movement away from a fragmented approach that focus on particular species or habitats. The approach depends on the ability of define the 'goods and services' which society wants from the area. It also depends on the clarity with which the objectives have been defined. European: Selecting particular habitats and species worthy of protection under the Directives National: Selection of Flamborough as a Special Area of Conservation (SAC) Local: Decide how human activities can be managed to minimise effects on the habitats and species Socio-economic benefits that do not compromise the environment should be consistent and actively promoted This concurs with ‘societal choice’ at the local level. Local people expressed frustration over why there are so many schemes. Expressing that the future scheme should have a broader remit, focusing on all features of importance including archaeological significance, heritage coast designations and nature reserves. The process used to complete the review engaged local people who represented a wide range of interests. 2 Management should be decentralised to the lowest appropriate level A stakeholder process that engaged a wide range of local and national stakeholders was used to decide the content of the management plan. 3 Ecosystem managers should consider the effects (actual or potential) of their activities on adjacent and other ecosystems Appropriate assessments currently only consider impacts on the features of interest within the European Marine Site. • Future assessments should consider wider ecosystem level implications of management (both onshore in the coastal zone and offshore) Proposals – what needs to be done to bring management closer to the Ecosystem Approach Future management will: • Define the ecological and societal goods and services required by the site; • Reflect ‘societal choice’ and will be extended to included all parts of the ecosystem and include those habitats and species which are key to the functioning of the system; as well as those valued for other reasons at local, national and European level; • Management of the environment would continue to engage positively to promote sustainable use, including recreation and tourism, which underpin the local economy. Principle 2 is in place within the plan. Through the process of stakeholder participation and consensus building. This would continue to be used in future management decisions. • • • Identify and define this ecosystem Identify adjacent or other ecosystems Include consideration of the effects of management on these systems in 6.4 Flamborough Head Management Plan Ecosystem Approach Principle The stakeholder dialogue and current management scheme Discussion • 4 Need to understand and manage the ecosystem in an economic context Work needs to be carried out to improve understanding of the Ecosystem at Flamborough Head and its interaction with the wider North Sea. This information can then be used to inform management decisions. Site management decisions need to take account of socio-economic factors. Proposals – what needs to be done to bring management closer to the Ecosystem Approach • the review process Insert an extra line in the management tables to summarise findings. Identify and offset where possible socioeconomic effects of management decisions Initiatives that derive economic benefits from sustainable use of environmental resources should support. [Reinforce the goods and services approach] 5 Conservation of ecosystem structure and function to provide ecosystem services should be a priority Previously the management scheme itself was narrowly focused on the features for which the site was designated. The decision making process however had a broader remit, seeking to look for outcomes that deliver environmental, social and economic benefits. Despite a broader approach being taken, assessment of the effects of human activities focused on particular interest features rather than looking to see if the human activities were having an unsustainable impact on the ecosystem’s ability to provide goods (i.e. nutrient cycling or fish stocks). Future work will need to look to define what services are provided by the site at Flamborough (fish stocks, nutrient cycling etc) and make decisions about the best way to minimise impacts to these services. Future management will: • Consider the environment from both perspectives, i.e. the effects of humans on the environment and the effect of the environment of societal systems, including: • The ability of the current structure and function to provide sustainable ecosystem services over the long term; • Identify the key ecosystem services provided by the marine and coastal ecosystems at Flamborough Head, for example the interaction between nutrients and kelp. 6.5 Flamborough Head Management Plan 6 Ecosystem Approach Principle The stakeholder dialogue and current management scheme Discussion Ecosystem must be managed within the limits of their functioning The potential or actual effects of current human activity on the protected habitats and species are assessed and discussed throughout the plan. Where data were available, i.e. from baseline data studies, they were used to form a view about the likely significance of the activity. Through this process any problems in ecosystem function will be identified. However ecosystem function is not specifically considered. Current unsustainable fishing practices in the North Sea are a threat to the site as they target species which are a component of the reef biota (i.e. Cod) and hence part of the feature. Management is focused on protecting habitats and species, but keystone species (those which have a key role in an ecosystem), or sensitive indicator species (providing information on ecological changes) are not identified. Management of SAC and SPA often concentrates on ecosystem structure, e.g. the number of species present, rather than the functioning (as rate processes). As a result these would not necessarily pick up the health of the ecosystem function, or pick up subtle declines. Monitoring of site needs to consider ecosystem functioning as well as ecosystem structure as a parameter for assessment and understand how this interacts with human management at different spatial scales. 7 The approach should be taken at the appropriate spatial and temporal scales Decision-making was made at a local scale, engaging a wide range of local stakeholders. Some decisions relating to policy were made at a national and international level. 8 Process and objectives for ecosystem management should be set for the long term The Management Scheme prior to review had no longterm objectives established. Proposals – what needs to be done to bring management closer to the Ecosystem Approach Future management will develop an improved understanding of the structure and functioning of the ecosystem: o Its relationships and processes (e.g. energy flow and natural change); o Identify keystone species; o Identify indicator species of ecosystem function and establish limits; • Evaluate existing monitoring to find out to what extent it indicates ecosystem functioning; • Include human processes as part of the functional systems; • Extend evaluation of human use to included direct and indirect effects on all features of conservation interest The process by which the scheme was reviewed involved innovative stakeholder participation in the decision making for protecting site management and integrating that with social and economic interests. The process adopted for the review fulfils this principle, and will be used for future management. Management plan will seek to influence national and international decision making where appropriate The decision making process used long term objectives and goals of 20 years and manages these through a 5 year action plan. The objectives have to set correctly (i.e. as SMART objectives) so that their attainment can be determined. Future management will: • Take into account sea level rise and the effect of other long term processes in considering long term objectives and how these could be met; 6.6 Flamborough Head Management Plan Ecosystem Approach Principle 9 10 Management must recognise that change is inevitable The stakeholder dialogue and current management scheme Natural England advice on conservation objectives for the site acknowledges that interest features will be subject to natural change. Seek the appropriate balance between integration, conservation and use of biodiversity Achievement of this objective will come through refinement of management, monitoring and the application of adaptive management. 11 Decision-making should consider all forms of relevant information (scientific, indigenous and local) This was achieved through stakeholder dialogue and the actions listed in the management plan. 12 Involve all relevant sectors of society and scientific disciplines Dialogue with stakeholders and academic institutions have improved through the review of the management plan. However this needs to be maintained to establish working relationships and gain trust. Discussion Climate change should be regarded as an exogenic-unmanaged pressure which cannot be managed but which requires its consequences to be managed. Ongoing process. To some extent defined in the 20 year vision statement. Further discussions are needed with all stakeholders about what the ‘appropriate balance is’ when detailed management decisions are taken. The current plan does consider various forms of relevant information but improvements can be made. A historical and oral histories review would provide valuable information about the area, which could aid in future management decisions. Issues such as fisheries have highlighted the need for closer management. Proposals – what needs to be done to bring management closer to the Ecosystem Approach • Include long term objectives not only for the features but for ecosystem; • Include the likely long-term effect (and sustainability) of short-term management actions. Management Plan does acknowledge that natural change is inevitable. The degree to which anthropogenic activities and natural change influence the site needs to be looked at in further detail Continued stakeholder dialogue Environmental monitoring but this, because of budgetary constraints, has to be at a low level and focussed. Application of adaptive management Future management will do the same again, with further consideration to the Ecosystem Approach. While not all features of the site can be monitored, it is more cost-effective to monitor activities rather than the natural physical and biological features. If the latter change but there has been no change in the anthropogenic activities then it can be concluded that the changes are natural or outside the local control. Broad dialogue between managers, stakeholders and academic institutions should be maintained into the future. 6.7 Flamborough Head Management Plan 6.5 Conclusions Generally the results confirmed that the Management Scheme fits reasonably well with the 12 Principles of the Ecosystem Approach and the principles for successful implementation. However the assessment highlighted a number of areas of improvement for the future Management Plan for Flamborough Head. These essentially fell into four categories, which were: Science: Working with academic institutions and stakeholders to improve understanding of the site's ecology and how this relates to the wider North Sea ecosystem and the evolution of societal uses at the site. This work should focus on defining which ecosystem goods and services Flamborough Head provides and establishing functional limits for the exploitation of these resources. Requirement to develop a monitoring programme that monitors interest features, human activities and the provision of ecosystem and recreational services and relates this to site management (i.e. fish stocks, bathing water quality, improved understanding of effects of human activities on the site ecology). Economics: To ensure the 7 tenets are met, management decisions must take account of economic considerations. The Management Plan should support the sustainable use of environmental resources. Decision-making and communication: A key factor in the implementation of the Ecosystem Approach is the involvement of stakeholders in decision-making. The Management Group have agreed via the project officer to hold annual meetings with the Flamborough Head Forum and establish a land management and fisheries focus group. Adopting a holistic approach to management: This is needed in order to manage the ecosystem at Flamborough Head within its limits; the services that this ecosystem provides to humans need to be understood and to make sustainable decisions about its management a broad based understanding and approach to management of the site is required. Integrating the Flamborough Head Management Scheme and the Heritage Coast Strategy is an important step towards establishing this holistic framework. Management plan resources: A key to progressing these improvements is the maintenance of adequate resources for the site. This will be achieved through the project officer post. Some core funding will come from relevant authorities; additional resources will be acquired through project grants from external funds, which will be used to progress projects from a diverse portfolio of funds. While the project office can only facilitate, encourage, cajole others to carry out management actions, these aspects are vital as a coordinating influence. These results were used to inform the review and influence the final output. A number of issues highlighted by this assessment such as stakeholder involvement in the plan, were discussed as topics during the workshops. The plan will be reviewed in six years time against these same criteria to monitor progress towards implementation of the Ecosystem Approach. 6.8 Flamborough Head Management Plan 7.0 Projects This section details the projects which will contribute to achieving the 20 year vision that can be delivered through the management plan 7.1 Introduction As part of the review a number of project suggestions were proposed and formulated from the information collated from those involved. The following section outlines the projects that the management group feel can be delivered though the Management Plan and support the delivery of an integrated approach to management of the environment at Flamborough Head. All the projects are listed in the table below, with an explanation of the purpose of the project, how and when the project will be completed and who is responsible for its implementation. It is hoped that these projects will be completed along side the actions of the management plan, with the guidance of a project officer. Table 7: Project outlines and implementation Project Purpose Taking the Project forward Responsibility for implementation Timescale for delivery Funding A feasibility study into the possible extension of the Yorkshire Wolds Way. To extend the Wolds Way from the current end at Filey Brigg to Flamborough Head. The project would be lead by North York Moors National Park Authority, with support from the management group, other relevant competent authorities and wider stakeholders. PO to work with the National Trails Officer to ensure completion. Start 2006 External funding – Currently being researched. Update and relaunch the Management Plan web site. To have a dedicated web page for the plan with links to other groups e.g., The Flamborough Community Environmental Action Group and local universities. Work with the Management Group and the Flamborough Head Maritime Forum to create a web site. PO Start 2006 Completion 2007 Through the Management Group The following projects are linked and are concerned with improving access and interpretation on the Headland Access and Interpretation audit. To conduct an audit of the current condition of access and interpretation facilities at Flamborough. In partnership with ERYC Public Rights of Way the audit will be developed into an implementation plan that will be used to bid for funds for improvements to access facilities and interpretation panels. Approach ERYC Public Rights of Way to help produce an access plan or seek external funding. Work with other organisations and community groups such as the RSPB and YWT, to learn from their experience and knowledge. PO Start 2007 A funding strategy will be agreed Cont. 7.1 Flamborough Head Management Plan Project Purpose Taking the Project forward Responsibility for implementation Timescale for delivery Interpretation signs and leaflets. To produce high quality leaflets for Flamborough head and develop interpretation materials to improve visitor experience and raise awareness of environmental, landscape and cultural assets at Flamborough. Voluntary Codes of Conduct. Funding Approach all Local Authorities to gain baseline information on visitor numbers, and what information may be needed at each ‘Honeypot’ area; external funding may be needed. When conducting this project it is important that the visual impact of any interpretation and the effect it may have on the local area is considered. PO Start 2007 Finish 2009 External funding from The Marine Stewardship Fund and SITA. To raise public awareness whilst encouraging a better understanding of the area and why it is important (to be combined with the above project). Approach all Local Authorities and user groups to develop a user based Code of Conduct. PO Start 2007 Finish 2009 External funding from The Marine Stewardship Fund and SETA. Maintenance Plan This links with the Access plan to improve ditches and hedgerows PO Start 2007 A funding strategy will be agreed. Develop a Marketing Policy document. To gain a better understanding of site usage and to improve relationships between local groups and organisations. Approach ERYC public rights of way to help produce an access plan or seek external funding. Work with Local Authorities and user groups to pool baseline information that already exists and create a Marketing Plan, detailing objectives and areas for promotion. PO Start 2007 A funding strategy will be agreed. The monitoring and gathering of baseline information, in keeping with the Ecosystem Approach To gain a better understanding of the area, so more informed decisions can be made about factors which may affect the sustainability of the site. Work with all Relevant Authorities PO Start 2007 Internal and External funding. Marine Stewardship Council Accreditation The aim of this project is to promote sustainable fisheries and raise the national and global profile of Yorkshire Coast fisheries. Work with North Eastern Sea Fisheries Committee to help ensure the requirements needed for accreditation are met. This may also involve seeking external funding. NESFC. Start 2007 Finish 2010 External funding. Lobster Conservation To monitor stock movements and the interaction between offshore and inshore stock. The data gathered will then be used to aid in effort management options. NESFC, NE and the PO will work together to monitor the outputs of the project. NESFC, NE and the PO. Start 2007 Finish 2009 NESFC, NE, The Langled Partnership, European Fisheries Fund, SSE. 7.2 Flamborough Head Management Plan Project Purpose Taking the Project forward Responsibility for implementation Timescale for delivery Land Management Initiate discussion on how best to use farming to deliver environmental, landscape and access improvements at Flamborough Head to improve farming incomes in the area. Work with the local farming community, Natural England, RSPB, YWT and interested parties. PO to co-ordinate the meetings Start 2007 Through the Management Group. Data Collation To pool information which individuals and groups have about the area, including any survey work, and input or link work into a central database, which can be accessed through the internet. Seek external funding and work with all local organisations, groups and individuals. PO Start 2008 External funding Collate baseline information on all Offshore Development surrounding the headland. To map where all the offshore development is taking place around the European marine site. Work with The Crown Estate and all other offshore companies to map where development is taking place and any possible developments in the future. PO Start 2008 External – Marine Stewardship Fund Oral histories project To inform site management. Place management of the site in a historic context. Interview key stakeholders who have long-term history of the site, including divers, fishermen and farmers. PO, producing historical maps, transcripts and conclusions. Start 2007 NESFC North Eastern Sea Fisheries Committee RSPB Royal Society for the Protection of Birds YWT Yorkshire Wildlife Trust NE Natural England Funding PO Project Officer SSE Scottish and Southern Energy 7.3 Flamborough Head Management Plan 8.0 Conclusions of the review and future delivery of the plan The overarching objective for the review of the Management Scheme is to ‘ensure that human activities are managed in ways that are compatible with the wildlife features of the European Marine Site and to seek opportunities to improve these assets and the human activities that depend upon them’. Overall the review process identified that there was a high degree of support from stakeholders and relevant authorities for delivering this objective. It was felt that the ‘boom and bust’ cycle of projects at Flamborough had made many stakeholders cynical about the long-term commitment of some authorities to the area; this problem may have been reinforced by lack of clarity about project objectives and outcomes. Concern was expressed during the review about the ambitious nature of the reviewed Plan and it was felt many of the issues raised during the consultation had been voiced at similar events as long as twenty years ago. It was generally felt that these issues (e.g. monitoring and access management) had not been resolved, and there was a desire from those involved in the review to see the re-invigoration of the Heritage Coast Strategy and see continued and sustained progress with regards to the management of the site. The assessment of the previous scheme under the IUCN criteria for ecosystem approach and the criteria for successful implementation highlighted a number of areas for improvement, as follows: • Improved use of science on the site; • Developing links between site management and potential economic benefits; • Improved communication between stakeholders and relevant authorities; • Adopting a holistic approach to management; • Management Plan resources. The Ecosystem Approach review identified that there was both a practical and scientific merit in integrating the Flamborough Head Management Scheme and Heritage Coast Strategy under one plan. It was felt that this would improve access to financial resources, facilitate ecosystem-based management and improve stakeholder involvement in the management of Flamborough Head. In order to deliver the broader remit of this Plan it was felt that additional sections would needed to be introduced to ensure that all issues identified through the review could be addressed. The main sections of the reviewed Plan that will deliver actions on the ground are now: • • • Action plan (delivers relevant authority legal obligations under the Conservation (Habitats &c.) Regulations 1994); Site Management and associated policies; Projects. The Policies section (Section 4) outlines management areas by activity and defines policies for these areas where relevant; these will be delivered though the core functions of the Relevant Authorities. The Habitats Regulations action plan (Section 5) delivers relevant authority legal obligations under the Conservation (Habitats &c.) Regulations 1994 and will largely be delivered by the Relevant Authorities and their core functions, with some actions being progressed through the project officer when funds are made available. The Projects section (Section 7) identifies projects required to deliver the 20-year vision for Flamborough Head and will largely be delivered by the project officer. These actions will be progressed as and when funds become available. In order to maintain contact with the stakeholder groups consulted during the review, the Management Group has committed to the following activities: • Hosting an annual/biannual meeting with the Forum; • Establishment of a fisheries liaison group for the European Marine Site; • Establishment of a land management liaison group for Flamborough Head. 8.1 Flamborough Head Management Plan Some Relevant Authorities felt that even with a reviewed Management Plan for Flamborough Head established, the Plan remained isolated and financially vulnerable. To offset this risk options to work with the East Riding Integrated Coastal Zone Management Plan (ICZM) and the North Yorkshire and Cleveland Coastal Forum (NYCCF) are being considered, to ensure long-term sustainable funding streams are developed. To secure these funding streams a number of actions will be progressed through the Flamborough Head Management Plan. These are: • Develop a broad portfolio of projects that can access different funding streams; • Joint working with coastal forum (ICZM and NYCCF); • External bids to deliver projects; • Development of a Memorandum of Agreement for the Relevant Authorities Group to outline the future of Management Plan delivery. This reviewed Plan presents an important opportunity to trial integrated working on a local scale to protect the natural environment for the benefit of local communities and the country as a whole. Using the previous successful and statutorily underpinned Flamborough Head Management Scheme the Management Group have used the review as an opportunity to extend the effective working practices previously established. With extensive communication during the review, contact has been improved between managers and stakeholders, opening up a wide range of opinions and expertise that can be made available to help management of the environment at Flamborough Head. Despite the well-received and positive work carried out during the review of the Management Scheme, a number of risks remain to the delivery of this revised Plan. The financing of the project officer is one of the main challenges and the continuation of the post is a priority to the Plan. The management group do however feel that this plan sets out the best available framework for delivery given current funding systems in place for coastal management in England. The scientific basis for management is another complex and difficult area to implement particularly with regard to fisheries management and will require close working between Relevant Authorities and stakeholders. Although these risks remain there is a significant degree of shared interest in the sustainable future of Flamborough Head. The next phase for the Flamborough Head Management Plan is for the Management Group in partnership with all stakeholders to drive the delivery of this Plan. This will be a challenging task and it is the strength of this partnership and the common interests that it represents that will define whether the plan succeeds over the years to come. 8.2 Flamborough Head Management Plan Annex I Glossary of terms, acronyms and useful references Glossary of terms Advisory Group The body of representatives from local interests, user groups and conservation groups, formed to advise the management group. The Flamborough Head Maritime Forum fulfils this role. Annex I habitat(s) A natural habitat(s) listed in Annex I of the Habitats Directive for which Special Areas of Conservation can be selected. Annex II species A species listed in Annex II of the Habitats Directive for which Special Areas of Conservation can be selected. Biodiversity The total variety of life on earth. This includes diversity within species, between species and of ecosystems. Biotope The physical habitat with its biological community; a term which refers to the combination of physical environment and its distinctive assemblage of conspicuous species. Circalittoral The rocky subtidal zone below that dominated by algae (Animal dominated subtidal zone) Community A group of organisms occurring in a particular environment, presumably interacting with each other and with the environment, and identifiable by means of ecological survey from other groups. Competent authority Any Minister, government department, public or statutory undertaker, public body or person holding a public office that exercises legislative powers. Conservation objective Statement of the nature conservation aspirations for a site, expressed in terms of the favourable condition that statutory nature conservation agencies wish to see the species and/or habitats for which the site has been selected to attain. Conservation objectives for European marine sites relate to the aims of the Habitats Directive. Ecosystem A dynamic complex of plant, animal, and micro-organism communities and their non-living environment interacting as a functional unit. Ecosystem Approach A strategy for the integrated management of land, water and living resources that promotes conservation and sustainable use in an equitable way. European marine site A European site (SAC or SPA), which consists of, or in so far as it consists of, marine areas. Favourable condition A range of conditions for a natural habitat or species at which the sum of the influences acting upon that habitat or species are not adversely affecting its distribution, abundance, structure or function within an individual Natura 2000 site in the long term. The condition in which the habitat or species is capable of sustaining itself on a long-term basis. An.I.1 Flamborough Head Management Plan Favourable conservation status A range of conditions for a natural habitat or species at which the sum of the influences acting upon that habitat or species are not adversely affecting its distribution, abundance, structure or function throughout the EU in the long term. The condition in which the habitat or species is capable of sustaining itself on a long-term basis. GIS Geographical Information Systems. A system for capturing, storing, checking, integrating, manipulating, analysing and displaying digital data which are spatially referenced to a geographical region. Habitat The place in which a plant or animal lives. Habitats Directive The abbreviated term for Council Directive 92/43/EEC of 21 May 1992 on the Conservation of Natural Habitats and of Wild Fauna and Flora. It is the aim of this Directive to promote the conservation of certain habitats and species within the European Union. Holistic Considering the whole system rather than just concentrating on individual components. Infralittoral The subtidal zone in which upward erect algae, typically kelps, dominate facing rocks. Integrity The coherence of the site’s ecological structure and function, across its whole area, that enables it to sustain the habitat, complex of habitats and/or levels of populations of the species for which it was designated. Interest feature A natural or semi-natural feature for which a European site has been selected. This includes any Habitats Directive Annex I habitat, or specific component of their fauna and flora, or any Annex II species and any population of a bird species for which a SPA has been designated under the Birds Directive. Any habitat of a species for which the site has been selected, or typical species of an Annex I habitat are also considered to be interest features. Maintain The action required for an interest feature when it is considered to be in favourable condition. Management Group The body of relevant authorities formed to manage the European marine site. Management scheme The framework established by the relevant authorities at a European marine site under which their functions are exercised to secure, in relation to that site, compliance with the requirements of the Habitats Directive. Marine Protected Area Is an area of sea especially dedicated to the protection and maintenance of biodiversity, and of natural and associated cultural resources, and managed through legal or other effective means. Monitoring Surveillance undertaken to ensure that formulated standards are being maintained. The term is also applied to compliance monitoring against accepted standards to ensure that agreed or required measures are being followed. An.I.2 Flamborough Head Management Plan Natura 2000 The European network of protected sites established under the Birds Directive and the Habitats Directive. Operations which may cause deterioration or disturbance Any activity or operation taking place within, adjacent to, or remote from a European marine site that has the potential to cause deterioration to the natural habitats for which the site was designated or disturbance to the species and its habitats for which the site was designated. Plan or project Any proposed development that is within a relevant authority’s function to control, or over which a competent authority has a statutory function to decide on applications for consents, authorisations, licences or permissions. Precautionary principle/ approach The assumption that where there are real threats of serious damage to the environment, lack of full scientific information should not be used as a justification for postponing measures to prevent such damage occurring. Reef Marine rocky surfaces colonised by biological life. Relevant authority The specific competent authority which has powers or functions which have, or could have, an impact on the marine environment within, or adjacent to, a European marine site. Restore The action required for an interest feature when it is not considered to be in a favourable condition. Sensitivity The intolerance of a habitat, community or individual species to damage or disturbance from an external force. Site of Special Scientific Interest (SSSI) An area of land or water notified by the Nature Conservancy Council or its successor country agencies under the Wildlife and Countryside Act 1981, as being of special nature or geological conservation importance. Special Area of Conservation (SAC) A site of Community importance designated under the Habitats Directive by the Member States where the necessary conservation measures are applied for the maintenance or restoration, at a favourable conservation status, of the habitats and/or species for which the site is designated. Special Protection Area (SPA) A site designated under the Birds Directive by the Member States where appropriate steps are taken to protect the bird species for which the site is designated. Sub-feature An ecologically important sub-division of an interest feature. Sustainable development Development that meets the needs and aspirations of the current generation without compromising the ability to meet those of future generations. Vulnerability The likelihood of a habitat, community or individual of a species being exposed to an external factor to which it is sensitive. An.I.3 Flamborough Head Management Plan Acronyms BAP BHC DEFRA DFT DTI DCLG EA EH EN ER NETG ERYC ESS FRCA HECAG JNCC LA LDF LPA MCA MCEU MFA NE NECAG NESFC NYCC RDS SAC Mgt Grp SBC SMA SMP YWS YWT Biodiversity Action Plan Bridlington Harbour Commissioners Department of Environment, Transport and Rural Affairs Department for Transport Department of Trade and Industry Department of Communities and Local Government Environment Agency English Heritage English Nature East Riding Natural Environment Task Group East Riding of Yorkshire Council Environmental Stewardship Scheme Farming and Rural Conservation Agency Humber Estuary Coastal Action Group Joint Nature Conservation Committee Local Authority Local Development Framework Local Planning Authority Maritime and Coastguard Agency Marine Consents and Environmental Unit Marine Fisheries Agency Natural England North East Coastal Action Group North Eastern Sea Fisheries Committee North Yorkshire County Council Rural Development Service Flamborough Head SAC Management Group Scarborough Borough Council Sensitive Marine Area Shoreline Management Plan Yorkshire Water Services Yorkshire Wildlife Trust Key sources of information relating to European marine sites Anon. 1994. The Conservation (Natural Habitats, &c.) Regulations. Statutory Instrument No. 2716. London, HMSO. Anon. 1981. The Wildlife and Countryside Act 1981, Chapter 69, London, HMSO. Brown, A.E., Burn, A.J., Hopkins, J.J. & Way, S.F. 1997. The Habitats Directive: selection of Special Areas of Conservation in the UK. (JNCC Report No. 270). Peterborough, Joint Nature Conservation Committee. Council of the European Communities. 1979. Council Directive 79/409/EEC of 2 April 1979: on the conservation of wild birds. Official Journal of the European Communities. Council of the European Communities. 1992. Council Directive 92/43/EEC: on the conservation of natural habitats and of wild fauna and flora. Official Journal of the European Communities, L206/7. Department of the Environment. 1994. Planning Policy Guidance No. 9: Nature Conservation. London, HMSO. An.I.4 Flamborough Head Management Plan Department of the Environment. 1995. Planning Policy Guidance No. 20: Coastal Planning London, Department of the Environment. Department of the Environment, Scottish Office & Joint Nature Conservation Committee. 1995. The Habitats Directive: how will it apply in Great Britain. London, Department of the Environment. Department of the Environment, Transport and the Regions, Welsh Office. 1998. European Marine Sites in England and Wales. A guide to the Conservation (Natural Habitats, &c.) Regulations 1994 and to the Preparation and Application of Management Schemes. London English Nature. 1994. European wildlife sites in England, Peterborough, English Nature. EN, SNH, EHS (DOE(NI)), CCW, JNCC & SAMS. 1998. Natura 2000: European marine sites: Guidance relating to statutory conservation objectives and operations which may cause deterioration or disturbance. Peterborough, English Nature. Joint Nature Conservation Committee. 1995. A list of possible Special Areas of Conservation in the UK. Peterborough, Joint Nature Conservation Committee. Nature Conservancy Council. 1990. Protecting internationally important bird sites, a review of the EEC Special Protection Areas network in Great Britain. Peterborough, Nature Conservancy Council. SNH, EN, EHS (DOE(NI)), CCW, JNCC & SAMS. 1997. Natura 2000: European marine sites: an introduction to management. Perth, Scottish Natural Heritage. An.I.5 Flamborough Head Management Plan Annex II List of relevant authority contacts for the Flamborough Head European Marine Site and other useful addresses, local organisation and group information. Relevant authorities: Harbour Master Bridlington Harbour Commissioners Gummers Wharf West End Bridlington East Yorkshire YO15 3AN (01262) 670148 Chief Fisheries Officer North Eastern Sea Fisheries Committee Town Hall Bridlington East Yorkshire YO16 4LP (01482) 393515 Principal Sustainable Communities and Coastal Management Officer East Riding of Yorkshire Council County Hall Beverley East Yorkshire HU17 9BA (01482) 391718 Head of Countryside Service Business and Environment Department North Yorkshire County Council County Hall Northallerton North Yorkshire DL7 8AH (01609) 780780 Conservation Officer Natural England North and East Yorkshire Team Genesis 1 Science Park Heslington York YO10 5ZQ (01904) 435500 Director of Technical Services Scarborough Borough Council Town Hall Scarborough North Yorkshire YO11 2HG (01723) 232323 Environment Manager East Environment Agency 1 Viking Close Great Gutter Lane Willerby Hull HU10 6DE 08708 506506 Legal and Insurance Manager Trinity House Lighthouse Service Trinity House Tower Hill London EC3N 4DH (020) 7481 6913 Team Leader, Biodiversity Environment Agency Phoenix House Global Avenue Leeds LS11 8PG (0113) 2134872 Coastal Projects Manager Yorkshire Water Waste Water East Naburn WWTW Naburn Lane York YO19 4RN Flamborough and North Landing Harbour Commissioners West Kapelle Woodcock Road Flamborough East Yorkshire YO15 1LL Advisory Group contact: Mr George Traves Flamborough Head Maritime Forum 20 George Street Bridlington East Yorkshire YO15 3PN An. II.1 Flamborough Head European marine site Management Scheme Local Community Group Addresses: Flamborough Community Environmental Action Group - Secretary New Cottage High Street Flamborough East Yorkshire YO15 1JT www.flamboroughuk.net RSPB - Bempton Cliffs Nature Reserve 11 Cliff Lane Bempton Bridlington East Yorkshire YO15 1JD (01262) 851179 www.rspb.org.uk Yorkshire Wildlife Trust 1 St George's Place York YO24 1GN (01904) 659570 info@ywt.org.uk For meeting information please contact David Woodmansey, secretary to the group (01377) 267694 Useful Websites: http://www.flamboroughuk.net/group.html Useful addresses: The European Commission Environment DG Information Centre Office: BU-9 01/11 B - 1049 Brussels Belgium http://www.europa.eu.int/comm/environment/nature /home.htm Department for Environment, Food & Rural Affairs Nobel House 17 Smith Square London SW1P 3JR (020) 7238 6000 http://www.defra.gov.uk The Department for Transport Great Minster House 76 Marsham Street London SW1P 4DR (020) 7944 8300 http://dft.gov.uk The Yorkshire and Humber Assembly 18 King Street Wakefield WF1 2SQ (01924) 331555 http://www.yhassembly.gov.uk MFA Marine Fisheries Agency 3-8 Whitehall Place London SW1A 2HH (020) 7270 8328 http://www.mfa.gov.uk Natural England Northminster House Northminster Road Peterborough PE1 1UA (01733) 455000 http://www.naturalengland.org.uk The Joint Nature Conservation Committee Monkstone House City Road Peterborough PE1 1JY (01733) 562626 http://www.jncc.gov.uk An. II.2 Flamborough Head European marine site Management Scheme Local organisation and group information The Flamborough Community Environmental Action Group The Flamborough Community Environment Action Group was formed in 2000, and has four main aims: • To assist in the promotion, enhancement, improvement and conservation of the area of Flamborough, through projects of environmental improvement or heritage conservation. • To advance the education of people resident in Flamborough through the provision of training courses relating to the heritage and preservation of the area of Flamborough. • To promote, organise, carry on and encourage the education of children and young people in natural conservation history and all subjects concerning the environment. • To advance the education of the general public in the history and heritage of Flamborough. The group has been involved in setting up a number of projects since it was first set up 6 years ago, including; the Young Roots Group, which engaged teenagers in learning about their local heritage, involving them in the production of sculptures for the sculpture trail at South Landing, with the overall aim of producing a booklet called 'Unlocking Flamborough's Treasure'. The Action Group has developed a web site, www.flamboroughuk.net, which receives approximately 2,500 visitors a month. The site provides a good source of information for locals and wider audiences, displaying local information, history and events. The group also supports other local projects, and has recently been involved with an archaeological survey of Danes Dyke. The group holds monthly meetings on the first Wednesday of every month, in the upstairs room of the Ship Inn, Flamborough, at 7.30pm and everyone is welcome. The Yorkshire Wildlife Trust Yorkshire Wildlife Trust (YWT) has worked for sixty years to protect vulnerable wildlife of all types, animals, birds and plants, and the places where they live. The work that the YWT does helps towards securing the future of many important habitats and species, which might otherwise be lost. Flamborough Cliffs Nature Reserve was purchased by YWT in 1999 and consists of 27.6ha of land, both to the north and south of north landing car park. The reserve starts at mean high water mark and grades through the chalk cliffs up to cliff top grassland into grazed semi-natural grassland fields. The chalk cliffs on the reserve show many erosion formed features, headlands and bays, arches and caves. As well as supporting important communities of algae and lichens, these cliffs on the reserve support around 20% of the breeding seabirds that use the headland. Cliff top grassland shows influences from the chalk bedrock underneath and the salty seaside habitat, with harebell and pyramidal orchid growing alongside thrift and sea plantain. Further back from the cliff tops, fenced grasslands are grazed by sheep to help improve their biodiversity. An. II.3 Flamborough Head European marine site Management Scheme The YWT trust holds meeting twice a year at the Flamborough WI Hall, and have practical workdays throughout the year on the reserve, to become an YWT volunteer in the area, please contact the head office and speak to the local nature reserve officer Caroline Thorogood (details above). The Royal Society for the Protection of Birds (RSPB) The RSPB Bempton Cliffs nature reserve extends to 5.22km and on average 86m high with 45ha of sheer cliff face; these are the largest chalk sea-cliffs in Eastern Britain, supporting over 200,000 breeding seabirds. Cliff top grassland supports farmland birds of conservation concern at all times of the year. The main management aims at the Bempton Cliffs nature reserve are as follows: • Maintain the sea bird colony as a breeding site for internationally and nationally important numbers of breeding seabirds; • Manage 11.28 hectares of cliff top grassland and scrub to increase the abundance of invertebrates and small mammals for the benefit of breeding and feeding passerines, particularly skylark, tree sparrow, linnet an Manage the reserve as a national promotion site to cater for up to 60,000 visitors per annum d corn bunting also wintering short-eared owls; • Present relevant coastal and marine issues to key decision makers and other land-users; • Monitor the breeding populations and productivity of key seabird species including; gannet, kittiwake and guillemot. The reserve and visitor centre is open all-year-round offering a range of events and activities for everyone to be involved in. For further information on the annual reserve events programme, the seabird-monitoring programme or the reserve, please see the contact information above (An II.2). An. II.4 Flamborough Head Management Plan Annex III Information gathered form the three Stakeholder consultation workshops Flamborough Head European Marine Site Stakeholder Meeting – Tuesday 31 January 2006 7.00-9.00pm, The Flamborough WI Hall Reviewing the Management Scheme Summary of discussions and flip charts What is your 20-year vision for Flamborough: Summary of post-it notes Access • • • • • • • • • • • • • • Make sure the coastal path is retained bearing erosion in mind Ramblers suggest new inland footpath to Bempton Better transport Maintain cliff access to anglers Better access at stacks, poor repair Rights of way access maintained and improved Keep open all public access to the beach walk ways etc No dilution of local rights of access Look after the rights given to Flamborough villagers over the years Improved paths and access, Danes to Bempton allowed? More bridle paths, cycle tracks please Better foot paths on cliff walks, more lights at north landing Bike bus e.g. Hornsea ERYC not helping to change footpaths, 5yrs with legal department – north of Holmes Gut (around bungalows) Working Together • • • • • • • • • Greater local participation Local population still involved and considered Involve local residents in decision making More input of local people Improved communication between all involved Prevent dilution of local interests/ way of life ‘Government’ of Flamborough Head more local – not from Beverley or Scarborough Work more closely with local and other partners More decision making at local level Tourism • • All local hotels B & Bs etc should know what’s on their doorstep and promote it for us No more tourism development (caravan sites) An. III.1 Flamborough Head Management Plan • • • • • • • • • • • • • • • • • • • • • • • • Concerns over high tourist number during summer park and ride control on cars Interpretation across all areas The introduction of an inland footpath bridleway network Too much tourism will take the areas value away Tourism Promotion and increase the area and heritage in East Yorkshire i.e. Headland Less interference signs etc but there has to be control over tourism Improvement of honey-pot areas Wider use - Increased use of the North side of the Head Increase visitor attraction Better public transport and connection to the main centre in Bridlington Increase tourism related to wildlife, diving and bird watching Visitor centre reflecting local environment and run by locals Improved foot access to whole headland A really integrated marketing policy re tourism and economies (ICZM must in 20? years succeed). ERYC must promote activity Restrict impact of visitors by regular repairs and maintenance Sustainable tourism Protect the area for local people, sustainable tourism Keep the areas as they are. Ensure no access Maintain and improve tourist caring attitude Increase promotion of the uniqueness of Flamborough Head Promote to wide audience via boat trips - RSPB and Bridlington Cruises Use of media to promote importance of site for tourism and economic support Promote tourism to the area Fisheries • • • • • • • • • • • • • • • • • • • Fishing Healthy fishery No restriction with bait collecting Keep/improve traditional work/skills e.g. fishing farming Fishing Increase fishing Crabbing Re-establishing of plaice fishery on Smithic Bank Local industry survives Maintain fishing at Flamborough to maintain heritage Less fishing effort in the Flamborough area than there has been in the last 50 years A sustainable recreational fishery Protection and conservation for local fishermen Stronger control measures for fish stocks in North Sea Plaice stocks recovery dependent on trawling restriction Viable fishing industry Restrict bass catches to maintain a high population to attract anglers. Increase in size limit Maintain a viable fishing industry Limit dredging or drilling Environment • • Protect cliffs from fossil collectors Protection of cliffs – fossils etc An. III.2 Flamborough Head Management Plan • • • • • • • • • • • • • • • Increase and make a better healthy environment Biodiversity must be maintained and sustained Increased biodiversity in general Protect key breeding environment for breeding birds e.g. cliff sites for sea birds Stronger protection measures at sea and on land – closer monitoring and policing Protection in wildlife Increased sea birds populations Encourage farm diversification (but not always building) Healthy environment Wildlife protected both marine and on coastline Enhance habitat for birds on migration NB water levels reclamation of ‘former’ wetlands Bird life increased – sea and farmland species Improvement in ditches/hedge grows Protect wildlife and local industry Trees and hedgerows managed Education • • • • • • • • • • • • • • • • • • Full interpretation of the key interests of the site via signage etc Increase awareness of birds of conservation concern on land (Red List spp) promote to farmers encourage countryside stewardship Increase educational opportunities at all sector level comp, post 16, I & E, ACC Better information about the archaeology Local expertise is great and very powerful – all data should be well coordinated with BAPs Development that encourages and includes local people and at all levels More public information Continue to actively promote the unique features of Flamborough Head Make full and proper use of all data available Lack of information available Promotional plan in place Wider national international recognition of all aspects of headland Get local user groups to work together Create a database for access to all regarding flora, fauna, wrecks etc Increase awareness of the public by “education” aimed at all age groups All children should be taught their own heritage – or Steven Spielberg will do it first. E.g. John Paul Jones Education Schemes to both young people and old Wider education of marine environment Development • • • • • • • • • • • Ensure no building in Danes Dykes i.e. Old Farm Housing for local people No signs – reduced evidence of people Quiet Caravan sites improved visually Keep it natural and not too much regulation. No major building Strict planning controls regarding caravan sites and any commercial development Not too many new buildings to go up! Minimize pollution Building or property for need only not specific building Pressure from new housing An. III.3 Flamborough Head Management Plan • • • • • • • • Protect local industry and create new opportunities – but that are sustainable Protection of traditional buildings e.g. castle, farm buildings etc A limit to Residential Building – Keep a green belt No more street lamps – less light pollution Needs for local affordable housing to keep the info structure Local facilities – especially schools and for the aging population No wind farms on the head Prevent over development/reduction of public spaces Funding • • • • • • • • Well Funded and sustained – heritage coast Funding to be provided for footpath improvements More funding to research into environmental issues Community action group to grow with funding for new projects Funding stream to ensure continuity of projects and future Better funding Local schools (ERYC) should not be put off visiting the area due to insurance -funding for visits should be found Money Ones which didn’t fit into a category • • • • • • • • • • • • Bays - Too much change, will go but in a given period will return (population will drop) will still be here 20 years time Seemingly a lot of problems seem to come from EYC (Directives) are ME.Ps aware! Increase tele working for community keep expertise in Flamborough Trip for all project staff and volunteers on Yorkshire Belle To many different bodies in the organisation Take into account Health and Safety issues to all users on site Don’t just do this again again and produce static document. Make it real to everyone living here and working on the Head Leave it alone x5 No change leave it alone If it isn’t broken, don’t try to mend it Don’t see any reason for any drastic changes in the next 20years Keep various shopping within village Barriers – What’s stopping us from achieving this vision: Summary of post-it notes • • • • • • • • • • • Paid jobs in conservation loses volunteer interest if not handled and continuity Financial/funding constraints Finance v. conservation Lack of finance Short term funding – lack of continuity Lack of staff on the ground to manage issues ‘Authorities’ can be patronising Workshop fatigue! Fatigue of ‘new’ guanos ICZM - Who is leading? Influx of new villages – ageing population An. III.4 Flamborough Head Management Plan • • • • • • • • • • • • • • • • • • • • Conflict of interest ICZM/Management plans/volunteers – who does what, how to involve local community Business interest versus local people Policing, Enforcement e.g. cycling Some issues are difficult to police e.g. wreck diving, fossil hunting Health and Safety constraints Apathy – Why are all SPCC here e.g. Bempton/Buckton is it perceived as Flamborough ‘thing’ Many local people not interested Confusion! – Too many bodies Fear of legislation impacting on local industry (bait collecting) Lack of recognition of existing work – e.g. community groups Marketing issue promotion Need someone to promote ESS on Headland Blinkered approach from ERYC, Parish Council Technology – to be used effectively – e.g. Text to mobiles for under 25s Visitors like to see boats being pulled out of the sea Continuity Changes that will occur following global warming Bad communication Using existing groups – bridge building already in place e.g. Richard Baines work Communication issues – what is best way to connect to audience Workshop feedback information 25 people where involved in the first workshop and gave the following feedback: Did you find this process worthwhile? • • • • • • • • Yes, but it has been done many times before As long as it produces results where appropriate Yes x 15 Yes, allowed various groups to talk which may not normally be in one room at the same time Yes, very interesting Yes, for both management strategy process and my work within RSPB Very good Yes, quite worthwhile Do you think there is anything we can do to improve the running of future workshops? • • • • • • • • • • Train facilitators who know the area well and the history of heritage coast etc – so they speak the language of the community Need to know the scope of the powers of the relevant authorities No x 6 Perhaps inform people of agenda before hand so can think about the issues before they arrive It was well organised but would have been useful to have opportunity to ask questions Seems ok Explain link between different groups and what use this workshop will be for future development Seemed to work well – you’re the experts Possible bigger venue Better community and publicise event more An. III.5 Flamborough Head Management Plan • • • • • Ensure backup on points raised More information regarding projects etc Preliminary/background information should be supplied to delegates prior to workshop participation No, excellent No – went really well – facilitated process was excellent and mix of representatives Any other comments • • • • • • • • • • • • Well done to all who organised it Include all headland e.g. Reighton, Speeton, Bempton, Sewerby I would like to receive any available information i.e. maps etc Looking forward to more workshops and involvement No x 2 Talking to each other is the only way forward for sustainable results Good meeting, good to see and hear supportive participants, very nice food Slide presentation perhaps too technical – too much conservation jargon – quite a few blank faces I’d recommend more of a community angle and then introduce the technical stuff Good opportunity to air our views on our village Thank you Looking forward to next event An. III.6 Flamborough Head Management Plan Flamborough Head European Marine Site Stakeholder Meeting – Tuesday 26 April 2006 7.00-9.00pm, The Flamborough WI Hall Reviewing the Management Scheme Summary of discussions and flip charts Comments on proposed policies; actions and projects intended to deliver the 20-year vision; Summary of post-it notes Fisheries • • • • • • • Spend 20 years to develop a methodology to monitor sea habitat within SAC as way of collecting information in order to form correct decision on any limitation on trawling and potting. The SAC will only work with full support of Local Community i.e. Localness No database exists on offshore fauna and until one exists no restrictions of fishing should take place Work with existing fishermen to ensure no expansion of effort Not to damage existing fisherman lively hoods I don’t agree with stopping Trawling and the knock on effect on lobster potting Marine Stewardship Council has no information base. It relies on doubtful scientific data Extension of Bass Net Permitting into Filey Bay Environment • • • • • • • Muntons Outface Health and Safety policy needed Need to undertake Cliff stability survey and develop monitoring methodology Information Leaflet. Information Boards. Website Will be useful for YWT to relate how we manage our small part of the headland to how the rest of it is managed and to work together Highlight the limits of the SSI to site visitors Researchers at local universities have much research data on Yorkshire and Yorkshire coasts. Some may not be published Tourism • • • The Bridlington Hotel and Guest House Association would be happy through members meetings – to make guests aware of the environment and the safety aspects. We would welcome your attendance at a general meeting of our members to discuss the matter Educate visitors of the dangers of rock falls to the base of the cliffs Encourage rail visits and sign for ramblers from stations Development • • Flamborough Head Management Scheme. Information Boards at lighthouse, North Landing. Bempton RSPB Park Extend the Dinosaur Coast Initiative to cover Flamborough and Bridlington An. III.7 Flamborough Head Management Plan Access • • • Very Interested in improving people’s under-standing of the sites European importance – Misuse, when it occurs, is often out of ignorance rather than malice • Codes of conduct an excellent idea It may be possible to produce a pamphlet on the local geology of the site via the geological society Promote non-car access – Cycle, Buses, and trains. Incorporate cycle route from train station etc Education and Awareness • • Develop a Flamborough website with information pooled and photos to make it popular Develop Health and Safety policy for any visiting educational groups Workshop feedback information 19 people where involved in the second workshop and gave the following feedback: Did you find this process worthwhile? • • • Definitely Yes it gave an insight into the consultation process Yes x 4 Do you think there is anything we can do to improve the running of future workshops? • • • • • Seem to have got everything correct – perhaps more? The format worked well Involve local representatives to deliver short presentation on their interest/work areas No x 2 More knowledge Any other comments • • • Very informative – as we are going through a number exercise we are looking to promote yours and work in with you and the fisheries For advice on Geological issues I recommend discussion with other local group chairs Our association would be willing to assist in any way – we will be able to pass information on to our members so they can educate the guests who use the Flamborough facilities etc Great improvement in my knowledge of the scheme and its aims An. III.8 Flamborough Head Management Plan Flamborough Head European Marine Site Stakeholder Meeting – Wednesday 19 July 2006 7.00-9.00pm, The Flamborough WI Hall Reviewing the Management Scheme Summary of discussions and flip charts Comments on the draft scheme; Summary of post-it notes • • • • • • • • • • • Be careful of the use of acronyms Document is very technical Executive summary required Document is for two very different audiences Not very easy to find points people have on personal interest Fewer chapters would be better Broad based document covering many aspects No real attempts to address marine heritage? Wrecks? Need for more communications with fishing communities Difficulty in determining impact of fishing on habitat/species Improved communication Projects • • • • • • • • • • • • • • Interpretation – good but not overkill Codes of conduct – good Criticism of previous practical projects, especially access, recreation sites NB: when funding runs out – maintenance goes Tourism opportunity – caves Bus route to Headland before 22nd July. Would be beneficial to tourism Stronger educational use Business opportunity – potential is high – bus service; cycle hire Traditions are changing/being lost Monitoring – Long period to determine changes Greater detail Ability to include anecdotal evidence Natural variation vs. other influences Incorporating monitoring from other sources e.g. schools, universities Impacts on local community – proportionality of management Right management for local issues Coastal erosion b/c of paths, heritage coast Consider types of material for pathways Heritage coast loss perceived as negative Preferred project options • • • Any that raises the profile Awareness raising Website has to be key An. III.9 Flamborough Head Management Plan • • • • • • • • • • • • • • • Holiday spending is consistently down (equity on property has been sent) Question regarding importance of farming on headland History is plentiful Concentrate on getting people here – rather than interpretation once they have found Flamborough Headland Mix between cafes and museums/information Oral history project – good potential: - E.g. local dialect; phrases - E.g. CD for schools Extending Wolds Way – supported Education – stating at schools, leaflets? Code of conduct (kids), litter issues Appropriate litter bins Leaflets made available in prominent spaces Advertising –media Information boards/access as whole project including underwater ‘Passionate about Planting’ scheme as educational tool Code of conduct i.e. geological sampling Monitoring information education litter control Tourism Problem • One off funding for walks leaflets. ………Popular run out What did you think of the review process; Summary of points • • • • • Excellent management A range of people invited, fishermen, farmers, hoteliers, small businesses Methods of communication used to inform people of the workshops was satisfactory Two way discussion worked well Facilitation is a good method to us The future, meetings and structure; summary of points • • • • • Use of local gala, fete show to re-enforce Flamborough spirit Better use of communications – E.g. press releases via tourist information centre Improved dialogue especially for fisheries issues, NESFC, English Nature and Fishermen Better undertaking and consultation with fishermen Monitoring must feedback into management and forum Future meetings • • • • • Local experts putting their case/story 6 month preferred to 1 year Humber case study – every 4 months (matters less if someone misses one) • Have a speaker e.g. EN, fisheries Newsletter supported by all Venue (WI Hall) – perfect An. III.10 Flamborough Head Management Plan Workshop feedback information 18 people where involved in the third workshop and gave the following feedback: Did you find this process worthwhile? • • • • • Yes x 10 Very much Yes, involvement of user group, consultation Yes – interesting to see how Flamborough Management Scheme has progressed Interesting exercise Do you think there is anything we can do to improve the running of future workshops? • • • • • • • • • • Always room for improvement but this meeting was a good two way discussion No x 4 Not really – process worked very good Bring a few school teachers into group No – just get them there Newsletter Increase participation – younger people (school children) Perhaps raise questions before the meeting so have time to think about input etc Concentrate on essential points Encourage positive actions to improve management, which are achievable Any other comments • • • • • Well organised workshop Feedback – very interesting Meetings gave good feed – back Well done – moving forward and being developed Thanks An. III.11 Flamborough Head European marine site English Nature’s advice given under Regulation 33(2) of the Conservation (Natural Habitats &c.) Regulations 1994 14 January 2000 Issued 14 January 2000 English Nature’s advice for the Flamborough Head European marine site given under Regulation 33(2) of the Conservation (Natural Habitats &c.) Regulations 1994 Contents Preface 1. Introduction....................................................................................................................5 1.1 Natura 2000........................................................................................................5 1.2 English Nature’s role .........................................................................................5 1.3 The role of relevant authorities ..........................................................................6 1.4 Activity outside the control of relevant authorities............................................6 1.5 Responsibilities under other conservation designations ....................................7 1.6 Role of conservation objectives .........................................................................7 1.7 Role of advice on operations..............................................................................7 2. Identification of interest features under the EU Habitats and Birds Directives.............8 2.1 Introduction........................................................................................................8 2.2 Interest features under the EU Habitats Directive .............................................8 2.3 Interest features under the EU Birds Directive ..................................................8 3. European marine site interest features .........................................................................10 3.1 Reefs ................................................................................................................10 3.1.1 General description ..............................................................................10 3.1.2 Importance of reefs ..............................................................................10 3.1.3 Sub-features of reef habitats at Flamborough Head ............................11 3.2 Sea caves..........................................................................................................15 3.2.1 General description ..............................................................................15 3.2.2 Importance of sea caves.......................................................................16 3.2.3 Sub-features of sea cave habitats at Flamborough Head .....................16 4. Conservation objectives for all interest features..........................................................19 4.1 The conservation objective for the reefs..........................................................19 4.2 The conservation objective for the submerged or partially submerged sea caves.................................................................................................................19 5. Favourable condition table...........................................................................................20 6. Advice on operations ...................................................................................................26 6.1 Purpose of advice.............................................................................................26 6.2 Methods for assessment ...................................................................................26 6.2.1 Sensitivity assessment..........................................................................27 6.2.2 Exposure assessment............................................................................27 6.2.3 Vulnerability assessment .....................................................................27 6.3 Format of advice ..............................................................................................28 6.4 Update and review of advice............................................................................28 6.5 Summary of advice on operations....................................................................29 6.5.1 Reefs ....................................................................................................29 Issued 14 January 2000 6.6 6.7 6.8 6.5.2 Sea caves..............................................................................................29 Plans and Projects ............................................................................................30 Review of consents ..........................................................................................31 Interest feature and sub-feature specific advice...............................................31 6.8.1 Reefs ....................................................................................................31 6.8.2 Sea caves..............................................................................................37 7. Bibliography ................................................................................................................39 8. Glossary .......................................................................................................................42 Appendix I Appendix IIa Appendix IIb Appendix III List of relevant authorities for the Flamborough Head European marine site.45 Map of Flamborough Head candidate SAC.....................................................47 Map of the Flamborough Head and Bempton Cliffs SPA ...............................48 Summary of key biotopes recorded in the Flamborough Head European marine site........................................................................................................49 Appendix IV Matrix of relative vulnerability ........................................................................53 Appendix V English Nature’s Habitats Regulations Guidance Note 1: The Appropriate Assessment (Regulation 48) The Conservation (Natural Habitats & c.) Regulations 1994 .............................................................................................54 List of figures, tables and boxes Figure 1 Figure 2 Figure 3 Figure 4 Location map for the Flamborough Head European marine site Map to illustrate the extent of reefs in the Flamborough Head European marine site Map to illustrate approximate extent of sea caves in the Flamborough Head European marine site Sublittoral chalk habitats off the northern side of Flamborough Head (Wood 1988), illustrating the importance of sublittoral topography on community structure Box 1 Glossary of terms used in favourable condition table Table 1 Favourable condition table for the Flamborough Head European marine site Operations which may cause deterioration or disturbance to the Flamborough Head European marine site interest features at current levels of use Sensitivity and vulnerability matrix for the Flamborough Head European marine site interest features Exposure assessment of interest features of the Flamborough Head European marine site based on current levels of usage at the site Table 2 Table 3a Table 3b Issued 14 January 2000 Preface This document provides English Nature’s advice to other relevant authorities as to (a) the conservation objectives, and (b) any operations which may cause deterioration of natural habitats or the habitats of species, or disturbance of species for the Flamborough Head European marine site. This advice is being prepared to fulfill our obligations under Regulation 33(2) of the Conservation (Natural Habitats &c.) Regulations 1994. The Flamborough Head European marine site is part of a candidate Special Area of Conservation. It is Government policy that such sites should be protected as if they were already designated and, where appropriate, it is desirable to establish voluntary management schemes at an early stage, before the formal statutory obligations apply, and to act in the spirit of the Directive in the meantime (DETR & The Welsh Office 1998). In light of this policy, we have worked with many of you to develop this advice in advance of statutory obligations applying. European marine sites are defined in the Conservation (Natural Habitats &c.) Regulations 1994 as any part of a European site covered (continuously or intermittently) by tidal waters or any part of the sea in or adjacent to Great Britain up to the seaward limit of territorial waters. European sites include Special Areas of Conservation under the Habitats Directive, which support certain natural habitats and species of European importance, and Special Protection Areas under the Birds Directive which support significant numbers of internationally important wild birds. This ‘Regulation 33 package’ is designed to help relevant and competent authorities, who have responsibilities to implement the Habitats Directive, to: understand the international importance of the site, underlying physical processes and the ecological requirements of the habitats and species involved; develop a management scheme to ensure that the ecological requirements of the site’s interest features are met; and set the standards against which the condition of the site’s interest features can be determined and compliance monitoring undertaken to establish whether they are in favourable condition. In addition, the Regulation 33 package will provide a basis to inform the scope and nature of ‘appropriate assessment’ required in relation to plans and projects (Regulations 48 & 50 and by English Nature under Regulation 20). English Nature will keep this advice under review and may update it every six years or sooner, depending on the changing circumstances of the European marine site. In addition, we will provide more detailed advice to competent and relevant authorities to assess the implications of any given plan or project under the Regulations, where appropriate, at the time a plan or project is being considered. If during the European Union’s moderation process qualifying interest features are added to this European marine site, English Nature will add to this advice, as appropriate. Tim Bines English Nature 14 January 2000 Issued 14 January 2000 English Nature’s advice for the Flamborough Head European marine site given under Regulation 33(2) of the Conservation (Natural Habitats &c.) Regulations 1994 1. Introduction 1.1 Natura 2000 The European Union Habitats1 and Birds2 Directives are international agreements which set out a number of actions to be taken for nature conservation. The Habitats Directive aims to promote the maintenance of biodiversity, taking account of economic, social, cultural and regional requirements, and sets out measures to maintain or restore, natural habitats and species of European Union interest at favourable conservation status3. The Birds Directive protects all wild birds and their habitats within the European Union, especially migratory birds and those that are considered rare or vulnerable. The Habitats and Birds Directives include requirements for the designation of conservation areas. In the case of the Habitats Directive these are Special Areas of Conservation (SACs) which support certain natural habitats or species, and in the Birds Directive, Special Protection Areas (SPAs) which support wild birds of European Union interest. These sites will form a network of conservation areas to be known as ANatura 2000". Where SACs or SPAs consist of areas continuously or intermittently covered by tidal waters or any part of the sea in or adjacent to Great Britain up to the limit of territorial waters, they are referred to as European marine sites. Further guidance on European marine sites is contained in the Department of the Environment Transport and Regions/Welsh Office document: European marine sites in England & Wales: A guide to the Conservation (Natural Habitats &c.) Regulations 1994 and to the preparation and application of management schemes. 1.2 English Nature’s role The Conservation (Natural Habitats &c.) Regulations 1994 translate the Habitats Directive into law in Great Britain. It gives English Nature a statutory responsibility to advise relevant authorities as to the conservation objectives for European marine sites in England and to advise relevant authorities as to any operations which may cause deterioration of natural habitats or the habitats of species, or disturbance of species for which the sites have been designated. This information will be a key component of any of the management schemes which may be developed for these sites. 1 Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora 2 Council Directive 79/409/EEC on the conservation of wild birds 3 A habitat or species is defined as being at favourable conservation status when its natural range and the areas it covers within that range are stable or increasing and the specific structure and functions which are necessary for its long term maintenance exist and are likely to continue to exist for the foreseeable future. 5 Issued 14 January 2000 This document is English Nature’s advice for the Flamborough Head European marine site issued in fulfilment of Regulation 33(2) of the Conservation (Natural Habitats &c.) Regulations 1994 (the ‘Regulation 33 package’). Copies of key references quoted in this document are held at the English Nature local office. In addition to providing such advice, the Regulation 33 package will inform the scope and nature of ‘appropriate assessment’ which the Directive requires to be undertaken for plans and projects (Regulations 48 & 50 and by English Nature under Regulation 20). In the future, English Nature may also provide more detailed advice to competent and relevant authorities to assess the implications of any such plans or projects. 1.3 The role of relevant authorities The Conservation (Natural Habitats &c.) Regulations 1994 require relevant authorities to exercise their functions so as to secure compliance with the Habitats Directive. The management scheme which the relevant authorities are drawing up under Regulation 34 for the Flamborough Head European marine site will provide the framework through which this will be done and it should be based on the advice in this package. In this respect, relevant authorities must, within their areas of jurisdiction, have regard to both direct and indirect effects on an interest feature of the site. This may include consideration of issues outside the boundary of the European marine site. Relevant authorities should ensure that all plans for the area integrate with the management scheme for the European marine site. Such plans may include Shoreline Management Plans, Local Environment Agency Plans, SSSI management plans, local Biodiversity Action Plans and sustainable development strategies. This must occur to ensure that there is only a single management scheme through which all relevant authorities exercise their duties under the Conservation (Natural Habitats &c.) Regulations 1994. Relevant authorities also need to have regard to changing circumstances of the SAC and SPA and may therefore need to modify the management scheme and/or the way in which they exercise their functions so as to maintain the favourable condition of interest features concerned in the long term. There is no requirement for relevant authorities to take any actions outside their statutory functions. Under certain circumstances, where another relevant authority is unable to act for legal reasons, or where there is no other relevant authority, English Nature is empowered to use its byelaw-making powers for Marine Nature Reserves (MNR) for use in European marine sites. 1.4 Activity outside the control of relevant authorities Nothing within this Regulation 33 package will require relevant authorities to undertake any actions or ameliorate changes in the condition of interest features if it is shown that the changes result wholly from natural causes4. This also applies if the changes, although causing deterioration or disturbance to the interest features, are the result of human or natural events outside their control. Having issued Regulation 33 advice for European marine sites, English Nature will work with relevant authorities and others to agree, within a defined time frame, a 4 Determination of what constitutes natural change will be based on the best available information and scientific opinion at the time. 6 Issued 14 January 2000 protocol for evaluating all observed changes to baselines and to develop an understanding of natural change and provide further guidance as appropriate and possible. On the Flamborough Head European marine site a SAC Management Group, consisting of relevant authorities (Appendix I), and an advisory group, the Flamborough Head Maritime Forum consisting of interest groups, have already been set up and should be used to alert English Nature to such issues so that they may be assessed and any appropriate measures taken. This does not, however, preclude relevant authorities from taking action to prevent deterioration to the interest features, for example by introducing or promoting codes of practice through the Management Group. 1.5 Responsibilities under other conservation designations In addition to its candidate SAC status and SPA status, parts of Flamborough Head are also designated and subject to agreements under other conservation legislation (eg SSSIs notified under the Wildlife and Countryside Act 1981, as amended 1985). The obligation of relevant authorities and other organisations under such designations are not affected by the advice contained in this document. 1.6 Role of conservation objectives Section 4 of this document sets out the conservation objectives for the Flamborough Head European marine site. They are the starting point from which management schemes and monitoring programmes are to be developed as they provide the basis for determining what is likely to cause a significant effect, and for informing on the scope of appropriate assessments of plans or projects. The conservation objectives set out what needs to be achieved and thus deliver the aims of the Habitats Directive. 1.7 Role of advice on operations The advice on operations set out in Section 6 provides the basis for discussion about the nature and extent of the operations taking place within or close to the site and which may have an impact on its interest features. It is given on the basis of the working assumption that sites have been generally presumed to have been in favourable condition at the time they were identified. This assumption will be tested during the 2000 - 2006 reporting period. The advice should also be used to identify the extent to which existing measures of control, management and use are, or can be made, consistent with the conservation objectives and thereby focus the attention of relevant authorities and surveillance to areas that may need management measures. This operations advice, when issued, will need to be supplemented through further detailed discussions with the management and advisory groups in formulating and agreeing a management scheme, where required, to agreed timescales for the European marine site. 7 Issued 14 January 2000 2. Identification of interest features under the EU Habitats and Birds Directives 2.1 Introduction Flamborough Head is a candidate Special Area of Conservation (SAC) and Flamborough Head and Bempton Cliffs is a Special Protection Area (SPA). The boundaries of these two sites are illustrated in Appendix II.a and II.b respectively. The marine components of both sites qualify as European marine sites, as defined by the Regulations. Accordingly, the advice in this document covers only the habitats and species, within the boundary of the Flamborough Head European marine site (Figure 1). Where the habitats and species occur within the European marine site they are referred to as interest features. Sub-features have also been identified to highlight the ecologically important components of each interest feature. The interest features and sub-features for the Flamborough Head European marine site are discussed in Section 3 in more detail and are mapped at Figures 2 and 3 to show their distribution and extent. The boundary of the Flamborough Head European marine site is illustrated in Figure 1. 2.2 Interest features under the EU Habitats Directive Flamborough Head qualifies as a candidate SAC for the following Annex I habitats as listed in the EU Habitats Directive: • • Reefs Submerged or partially submerged sea caves The Flamborough Head SAC also qualifies for the Annex I habitat vegetated sea cliffs of the Atlantic and Baltic coasts. This does not however, occur within the European marine site, and therefore within this document, as it occurs above Highest Astronomical Tide. Objectives to maintain vegetated sea cliffs in favourable condition are found within English Nature’s conservation objectives for the relevant SSSI within the SAC boundary and will be dealt with through procedures outlined in the Conservation (Natural Habitats &c.) Regulations 1994. Relevant authorities will need to have regard to such adjacent European interests within the management scheme for the European marine site, as they might be affected by activities taking place within, or adjacent to the European marine site. 2.3 Interest features under the EU Birds Directive Flamborough Head and Bempton Cliffs qualifies as a SPA for its internationally important breeding population of kittiwake Rissa tridactyla and nationally important breeding populations of guillemot Uria aalge, razorbill Alca torda and puffin Fratercula arctica which nest on the cliffs. The habitat required for these species to nest does not however, occur within the European marine site as it occurs above Highest Astronomical Tide. Objectives to maintain the bird interests in favourable condition are found within English Nature’s conservation objectives for the relevant SSSI within the SPA boundary and will be dealt with through procedures outlined in the Conservation (Natural Habitats &c.) Regulations 1994. Relevant authorities will however, need to have regard to such adjacent European interests within the management scheme for the European marine site, as they might be affected by activities taking place within, or adjacent to the European marine site. 8 Issued 14 January 2000 9 Issued 14 January 2000 3. European marine site interest features The UK has 75% of the chalk reefs in Europe and Flamborough Head accounts for nearly 9% of European coastal chalk exposure (English Nature 1994). Flamborough Head also represents the most northerly outcrop of coastal chalk in the UK and the most southerly area of extensive bedrock in the North Sea. The site is characterised by high chalk cliffs (covering a distance of about 16 km), over 200 caves and numerous stack and arch formations. Rich communities of seaweeds and invertebrates occur on these shores and on the chalk reefs offshore, some of them not found on similar chalk sites elsewhere in England. The area is exceptional in the distance that the chalk is found offshore. Flamborough Head is also located close to the biogeographical boundary between two North Sea water bodies and it supports a wide range of marine species. The qualifying interest features of the Flamborough Head European marine site, the reefs and the sea caves, are described in more detail below. 3.1 Reefs 3.1.1 General description Reefs are rocky marine habitats or biological concretions that arise from the sea bed (Brown and others 1997). They are generally subtidal but may extend as an unbroken transition into the intertidal zone, where they are exposed to the air at low tide. The types of reef habitat which characterise this interest feature include vertical rock walls, horizontal ledges, broken rock and boulder fields. The species assemblage is characterised by attached algae and invertebrates, usually associated with a range of mobile animals, including invertebrates and fish. The specific communities that occur vary according to a number of factors. Rock type, for example, is particularly important, with distinct communities associated with chalk and limestone rock resulting in a restricted distribution in accordance with the distribution of the rock type. There may be further variety associated with features such as gullies, outcrops and rockpools. The greatest variety of communities is typically found where coastal topography is highly varied, with a wide range of exposures to wave actions and tidal streams. 3.1.2 Importance of reefs The reefs at Flamborough Head are important due to the substrate type, their biogeographic position and the influence of hydrodynamic processes on reef topography and community structure. The chalk reefs at Flamborough Head extend further into deeper water than at other comparable chalk sites in the UK, up to 6 km offshore and into waters 30 m or more in depth (Davies & Sotheran 1995; Brazier and others 1998), giving one of the most extensive areas of sublittoral chalk in Europe (Brown and others 1997). The diversity and composition of biological communities on the reefs around Flamborough Head are a direct result of variation in habitat type and a number of key ecological factors. Flamborough Head lies at the western end of a recognised boundary between oceanographic cells characterised by a strong offshore frontal system, the ‘Flamborough Front’, which results in a distinct temperature gradient between the waters north and south of the headland (Pingree & Griffiths 1978) . The front is caused by the meeting of colder, deeper, stratified waters of the northern North Sea and warmer, shallower, well-mixed waters of the southern North Sea. The presence of the front contributes to the diverse and unusual range of marine species at Flamborough Head, some of which are at their southern or northern limit of North Sea distribution. Where these two distinct water bodies meet, mixing of the waters leads to 10 Issued 14 January 2000 increased plankton growth and secondary productivity (Institute of Estuarine and Coastal Studies 1992). The wide variety of reef habitats at Flamborough Head is the result of both geological differences between the chalk and the different hydrodynamic regime on the northern and southern sides of the headland. The reefs on the northern side are harder and slightly more exposed than those on the southern side of the headland and as a result, they support a different range of species. The north and east facing coast is characterised by extensive stepped ‘scars’ that are dissected to form outcrops and gullies (Figure 4). Compared with the softer chalk on the southern side of the headland, the harder, more erosion resistant nature of the sublittoral chalk on the northern side, has resulted in the presence of many sublittoral overhangs and vertical faces, uncommon at similar chalk reef sites in the UK. Figure 4. Sublittoral chalk habitats off the northern side of Flamborough Head (Wood 1988), illustrating the importance of sublittoral topography on community structure Along the south-facing side of the headland, the intertidal rocky shores are characterised by wide wave-cut platforms where the softer chalk cliffs have been eroded, which are often used by juvenile kittiwake as roosting sites at low tide. In the subtidal, the bedrock is made up of terraces which then grade into patches of boulders and cobbles. The relatively soft nature of chalk compared with other types of rock, enables some species of animal and plant to bore into it. The presence of these species increases the diversity of the communities found on chalk. Some species are also unique to chalk shores and are consequently rare in England. 3.1.3 Sub-features of reef habitats at Flamborough Head Rocky shore communities - The rocky shores of Flamborough Head are noted for their high number of intertidal biotopes due to the wide variety of habitats and physical conditions around the headland (Appendix III; Brazier and others 1998). More than 110 species of 11 Issued 14 January 2000 seaweed, and over 270 species of invertebrates have been recorded from the rocky shores at Flamborough Head, some notable to this area (George and others 1988). The rich and varied shores are of considerable conservation value since they make a significant contribution to the structure and diversity of the site as a whole. Rocky shores also have an important functional role, forming a link between marine and terrestrial environments. Wave exposure has a significant structuring effect on the type and distribution of rocky shore communities around the headland. At the highest tidal levels around the headland, green and red microalgal species unique to chalk can be found (Brazier and others 1998), whilst on the more exposed sides to the north and east, there are a number of chalk-boring lichen species, such as Eugomontia sacculata (Tittley 1988). Exposed northern and eastern shores of Flamborough Head tend to be dominated by marine animals such as limpets Patella spp. and barnacles Semibalanus balanoides. The chalk-boring wrinkled rock borer Hiatella arctica, the oval piddock Zirfaea crispata and worms of the Polydora spp. are also commonly found boring into the chalk. The sheltered southern shores, such as at South Landing and Sewerby Rocks, are dominated by the brown algal wracks Fucus serratus and F. vesiculosus interspersed with smaller green Enteromorpha spp. and red algae Ceramium spp. Rockpools, crevices, steps in the rock platforms and boulder communities of the intertidal rocky shores around the headland all enhance the species richness of the site. They provide ideal habitats for Fucus spp., red algae Porphyra spp., pink coralline crusts, coral weed Corallina officinalis, the less common china limpet Patella ulyssiponensis, kelps Laminaria spp., and shannies Lipophrys pholis. Flamborough Head is important for Callithamnion sepositum, an algal species not found further south on the North Sea coast (English Nature 1994), and Sea mare’s tail Halurus equisetifolius, recorded at South Landing, which is not found further north on the east coast. Kelp forest communities - Kelp forests are highly productive ecosystems found in the shallow subtidal and are the major primary producers in the coastal waters of the UK. It is estimated that 90% of kelp production enters the detrital food webs of coastal areas, supporting a wide range of habitats in addition to the kelp beds (Birkett and others 1998). Kelp forests are also of considerable conservation value because they harbour a wide variety of plants and animals. For example a single kelp holdfast may be home to several thousand small animals, the stipe may be covered in numerous foliose red algae and invertebrates, whilst the habitat also plays a significant role as a nursery area for a wide variety of species. Other important mobile species also occur in the kelp forests, particularly fish such as the ballan wrasse Labrus bergylta and the cuckoo wrasse Labrus mixtus. These kelp communities are therefore considered to be key structural and functional components of the reefs at Flamborough Head. The composition of the kelp forest communities and associated biotopes around Flamborough Head (Appendix III; Brazier and others 1998) varies in response to changes in wave exposure, sublittoral topography and depth. Upward facing outcrops and moderately exposed bedrock on the north and east sides of the headland are dominated by Laminaria hyperborea kelp forest with a rich understorey of red algae. The infralittoral on the south side is characterised by kelps L. hyperborea and by L. saccharina on the seasonally mobile cobbles and boulders, usually with a reduced richness of red algae. At Flamborough Head, the natural turbidity of the water restricts kelp forest communities of Laminaria spp. and red algae to a maximum depth of 5-8 m below the lowest tide (Davies & Sotheran 1995). The water clarity 12 Issued 14 January 2000 influences the depth at which algal species grow in the nearshore, by affecting light availability. The kelp-dominated infralittoral zone at Flamborough Head is particularly important since major components of the flora, such as the ‘northern’ species of red seaweeds Lomentaria clavellosa, L. orcadensis, Haraldiophyllum bonnemaisonii, Odonthalia dentata and Ptilota gunneri, are not found further south in the North Sea (Brazier and others 1996; English Nature 1994). Several seaweed species also reach their northern limit of distribution on the east coast at Flamborough Head, including the red algae Schottera nicaensis and Calliblepharis ciliata, and the brown alga Taonia atomaria (English Nature 1994). In addition a scarce species of sea squirt, Perophora listeri has been recorded on sublittoral rock and boulders amongst the kelp forest at Flamborough Head (Brazier and others 1998). Fig.2 13 Issued 14 January 2000 14 Issued 14 January 2000 Subtidal faunal turf communities - ‘Faunal turfs’ are diverse assemblages of attached animals growing on subtidal hard substrata. They range from low encrusting forms, such as sea mats and sponges, to tall erect forms, such as soft corals and sea fans. These communities also include prominent mobile organisms associated with the attached fauna such as decapod crustaceans, echinoderms, molluscs and fish, which may play important structuring roles in the community (Hartnoll 1998). By definition, faunal turf communities are animal dominated, although there will be foliose and crustose red algae present in the upper regions which overlap with the shallower infralittoral zone. In contrast to intertidal substrata, zonation of subtidal communities is very much broadened and space is less frequently monopolised by single dominant species. Subtidal faunal turf communities at Flamborough Head make up a significant proportion of the reef resource (Figure 2), extending below 2 m depth (Brazier and others 1998), and are therefore an important component of the reefs. The extent (Davies & Sotheran 1995) and diversity of circalittoral biotopes (Brazier and others 1998) is a result of the hydrographic regime, substrate type and seabed topography. Flamborough Head is situated in a current-swept area which brings with it a different set of conditions and therefore results in different biota to that of nearby areas that lack such movement. Increased water movement is important for the benthic communities on the reefs at Flamborough Head. It increases the provision of suspended food for filter feeders, contributes to effective larval dispersal/ recruitment of many marine species and limits the settlement of silt, which leads to the clogging of gills and feeding organs from smothering. The relatively soft sublittoral chalk at Flamborough Head also provides a wide variety of habitats, such as vertical faces, overhangs and boulder fields, for marine species to attach or burrow into. The ‘living turf’ at Flamborough Head is characterised by molluscs, sea-firs, sea mats, sea squirts and sponges, some of which are fragile or slow growing, as well as numerous mobile species, some of which are commercially important. Some heavily sand-influenced habitats on the north-facing coast have small reefs of the polychaete Sabellaria spinulosa tubes constructed out of sand particles on bedrock (Wood 1988). Horse mussel Modiolus modiolus and common mussel Mytilus edulis beds, to the east of the headland (Brazier and others 1998), are bound together by byssus threads which in turn create specialist habitats for other species to grow on or in. Flamborough Head represents the northern limit of distribution for both the ‘southern’ species of ascidian Archidistoma aggregatum and yellow sponge Polymastia boletiformis, whilst the bottle-brush hydroid Thuiaria thuja reaches its southern limit of distribution in England here (Brazier and others 1996). The nationally rare hydroid Diphasia alata and the bryozoan Smittina affinis have also been recorded at Flamborough Head (Barnes & Robson 1995). 3.2 Sea caves 3.2.1 General description The UK has the most varied and extensive sea caves on the Atlantic coast of Europe (Brown and others 1997). Sites have been selected to encompass the range of structural and ecological variation of sea caves and cover their geographic range. Cave systems with 15 Issued 14 January 2000 extensive areas of vertical and overhanging rock, and those that extend deeply into the rock, are likely to support a wider range and higher diversity of plants and animals. Cave communities vary considerably depending on the structure and extent of the cave system, their degree of submergence and of exposure to scour and surge, and the nature of their geology. Caves can vary in size, from only a few metres to more extensive systems, which may extend hundreds of metres into the rock. There may be tunnels or caverns with one or more entrance, in which the vertical and overhanging rock faces provide the principal marine habitat. Caves are typically colonised by encrusting animal species but may also support shade-tolerant algae near their entrances Caves in the intertidal and shallow sublittoral are frequently subject to conditions of strong wave surge and scour by coarse sediment. This rapid change in physical conditions from cave entrance to the inner parts of the cave often leads to a marked zonation in the communities present. The type of bedrock in which the cave is formed has a significant influence on its shape and qualities as a substrate for its associated communities. 3.2.2 Importance of sea caves There are larger numbers and a wider range of cave habitats at Flamborough Head than at any other chalk site in Britain (Brown and others 1997). This site, on the east coast of England, represents caves of the North Sea coast cut into soft rock exposures. There are over 200 caves (Tittley 1988) at Flamborough Head, particularly around the headland and on the north facing cliffs (Figure 3) where weaknesses associated with faulting and jointing in the chalk are exposed to wave action. The largest caves are known to extend for more than 50 m from their entrance on the coast. The caves at Flamborough Head provide shelter to a variety of bird species, including the internationally important kittiwake. The chalk rock facilitates the attachment of specialist plant and animal communities, some unique to this substrate, making them of high conservation value due to the rarity of this habitat. The site is important for its specialised encrusting and filamentous algal communities, including abundant Hildenbrandia rubra, Pseudoendoclonium submarinum, Sphacelaria nana and Waerniellina lucifuga (George and others 1988). The variation in cave topography and exposure to physical conditions are key determinants in the distribution and type of cave communities at Flamborough Head. Some of the caves are partly submerged at all stages of the tide, others dry out during low water and some lie above the high water mark but are heavily influenced by wave splash and salt spray from the sea. These intertidal cave communities can be described in two broad categories, the upper zone of the caves being characterised by lichen and specialist algal communities and the lower shore dominated by faunal turf communities. 3.2.3 Sub-features of sea cave habitats at Flamborough Head Microalgal and lichen communities - These specialist communities are important subfeatures of the caves at Flamborough Head because of their rarity. The distribution of these communities and zonation within caves has been described in Tittley (1988), Fowler & 16 Issued 14 January 2000 Tittley (1993) and Brazier and others (1998). Additional information on these communities has been collected through a detailed sea cave survey (Howson, in prep.). The distribution of these communities is in response to exposure to wave action and light availability, largely determined by the depth and shape of the cave. They are therefore good indicators of the variety of sea cave habitats at Flamborough Head. The specialist algal and lichen communities are also considered to be sensitive to a number of external factors and therefore good indicators of changes in the marine environment. Faunal cushion and crust communities - The faunal cushion and crust communities are an important structural component of the caves, particularly in the lower shore. The variety of these biotopes at Flamborough Head is a result of exposure to scouring, wave surge and degree of immersion. Above the sand-scoured rock in the lower parts of the caves at Buckton Cliffs and Thornwick Bay, the breadcrumb sponge Halichondria panicea and Clathrina coriacea, the beadlet anemone Actinia equina, spirorbid polychaetes and the tubeworm Pomatoceros triqueter completely cover the vertical and overhanging walls. Where scour is not so great, crevices and pits in the caves are inhabited by the common mussel Mytilus edulis, with the barnacle Semibalanus balanoides and dogwhelk Nucella lapillus. Upper walls and ceilings of the caves are colonised by the barnacle Semibalanus balanoides and spirorbid polychaetes (Brazier and others 1998). Caves at the eastern end of the headland are particularly notable for being rich in certain sublittoral species. The bedrock floors of the caves are characterised by abundant Sabellaria alveolata and sponges such as Leucosolenia spp. or the chalk-boring yellow sponge Clionia celata and Polydora spp. worms, characteristic of the chalk habitats. 17 Issued 14 January 2000 18 Issued 14 January 2000 4. Conservation objectives for all interest features Under Regulation 33(2)(a) of The Conservation (Natural Habitats &c.) Regulations 1994, English Nature has a duty to advise other relevant authorities as to the conservation objectives for the European marine site. The conservation objectives for the Flamborough Head European marine site are provided below and should be read in the context of other advice given in this package, particularly: • • • the attached maps showing the extent of the various interest features and sub-features; summary information on the interest of each of the features; and the favourable condition table, providing information on how to recognise favourable condition for each of the features and which will act as a basis from which the monitoring programme will be developed. 4.1 The conservation objective for the reefs Subject to natural change, maintain the reefs in favourable condition 5, in particular: • • • Rocky shore communities Kelp forest communities Subtidal faunal turf communities 4.2 The conservation objective for the submerged or partially submerged sea caves Subject to natural change, maintain the submerged or partially submerged sea caves in favourable condition5, in particular: • • Microalgal and lichen communities Faunal cushion and crust communities 5 For a detailed definition of how to recognise favourable condition see Section 5 (Table 1) 19 Issued 14 January 2000 5. Favourable condition table The favourable condition table is supplied as an integral part of English Nature’s Regulation 33 advice package. It is intended to supplement the conservation objectives only in relation to management of established and ongoing activities and future reporting requirements on monitoring the condition of the site and its features. The table does not by itself provide a comprehensive basis on which to assess plans and projects as required under Regulations 20 and 48-50, but it does provide a basis to inform the scope and nature of any ‘appropriate assessment’ that may be needed. It should be noted that appropriate assessments are, by contrast, a separate activity to condition monitoring, requiring consideration of issues specific to individual plans or projects. English Nature will provide more detailed advice to competent and relevant authorities to assess the implications of any given plan or project under the Regulations, where appropriate, at the time a plan or project is being considered. The favourable condition table is the principle source of information that English Nature will use to assess the condition of an interest feature and as such comprises indicators of condition. On many terrestrial European sites, we know sufficient about the preferred or target condition of qualifying habitats to be able to define measures and associated targets for all attributes to be assessed in condition monitoring. Assessments as to whether individual interest features are in favourable condition will be made against these targets. In European marine sites we know far less about habitat condition and find it difficult to predict what favourable condition may look like. Individual sites within a single marine habitat category are also all very different, further hampering the identification of generic indicators of condition. Accordingly, in the absence of such information, condition of interest features in European marine sites will be assessed against targets based on the existing conditions, which may need to be established through baseline surveys in many cases. The assumption that existing interest features on European marine sites are in favourable condition will be tested in the 2000 - 2006 reporting period and the results subsequently fed back into our advice and site management. Where there is more than one year’s observations on the condition of marine habitats, all available information will need to be used to set the site within long-term trends in order to form a view on favourable condition. Where it may become clear that certain attributes are a cause for concern, and if detailed studies prove this correct, restorative management actions will need to be taken to return the interest feature from unfavourable to favourable condition. It is the intention of English Nature to provide quantification of targets in the favourable condition table during the 2000 - 2006 reporting period. This advice also provides the basis for discussions with management and advisory groups, and as such the attributes and associated measures and targets may be modified over time. The aim is to produce a single agreed set of attributes that will then be monitored in order to report on the condition of features. Monitoring of the attributes may be of fairly coarse methodology, underpinned by more rigorous methods on specific areas within the site. To meet UK agreed common standards, English Nature will be committed to reporting on each of the attributes subsequently listed in the final version of the table, although the information to be used may be collected by other organisations through agreements. The table will be an important, but not the only, driver of the site monitoring programme. Other data, such as results from compliance monitoring and appropriate assessments, will also have an important role in assessing condition. The monitoring programme will be 20 Issued 14 January 2000 developed as part of the management scheme process through discussion with the relevant authorities and other interested parties. English Nature will be responsible for collating the information required to assess condition and will form a judgement on the condition of each feature within the site, taking into account all available information and using the favourable condition table as a guide. Box 1 Glossary of terms used in the favourable condition table Feature The habitat or species for which the site has been selected. Sub-feature An ecologically important sub-division of the feature. Attribute Selected characteristic of an interest feature/sub-feature which provides an indication of the condition of the feature to which it applies. Measure What will be measured in terms of the units of measurement, arithmetic nature and frequency at which the measurement is taken. This measure will be attained using a range of methods, from broadscale to more specific, across the site. Target This defines the desired condition of an attribute, taking into account fluctuations due to natural change. Changes that are significantly different from the target will serve as a trigger mechanism through which some further investigation or remedial action is taken. Comments The rationale for selection of the attribute. 21 Issued 14 January 2000 Table 1 Favourable Condition Table for the Flamborough Head European marine site NB- Many of the attributes will be able to be monitored at the same time or during the same survey. The frequency of sampling for many attributes may need to be greater during the first reporting cycle in order to characterise the site and establish the baseline. For more detailed information on abbreviated biotopes in Measure and Comments columns, refer to Glossary and Appendix III. Interest feature Reefs Reefs Sub-feature Rocky shore communities Attribute Measure Target Comme nts Extent Area (hectares) of the reefs, measured once per reporting cycle No decrease in extent from an established baseline based on Davies & Sotheran (1995), subject to natural change Extent is an attribute on which reporting is required by the Habitats Directive. The extent of reef will not change significantly over time unless due to some human activity but nevertheless needs to be measured periodically Water clarity Average light attenuation measured during the summer season annually throughout the reporting cycle Average light attenuation should not decrease significantly from a baseline to be established, subject to natural change Water clarity is important for maintaining extent and density of algal dominated communities, such as kelp forest, and thus the structure of the feature. Clarity decreases through increases in amounts of suspended organic/inorganic matter. Siltation may also lead to smothering of biota and substrata affecting the structure of the interest feature by causing a reduction in feeding efficiency and colonisation Water density Average water temperature, measured during winter/summer seasons annually throughout the reporting cycle Distribution and range of all intertidal biotopes Distribution of intertidal rocky shore communities, using littoral extent, in particular those biotopes listed at Appendix III. Measured during summer, twice during reporting cycle Average seasonal water temperatures for north and south sides of the headland should not deviate significantly from a baseline to be established, subject to natural change No decrease in littoral extent and range of biotopes from the established baseline (Brazier and others 1998), subject to natural change The temperature difference between the north and south sides is characteristic of the overall hydrography of the area, in particular the Flamborough Front. Changes in temperature influences the presence and distribution of species (along with recruitment processes and spawning behaviour), providing supporting information when assessing condition of interest features Flamborough Head intertidal is notable for its high number of biotopes. The relative distribution of rocky shore biotopes is an important structural aspect of the European marine site. Changes in extent and distribution may indicate long term changes in the physical conditions at the site 22 Issued 14 January 2000 Interest feature Sub-feature Kelp forest communities Reefs Kelp forest communities Attribute Measure Target Comme nts Distribution of characteristic rocky shore communities Distribution of intertidal chalk cliff algal and lichen biotopes Chr; Bli;UloUro. Measured in summer months twice during report cycle Distribution should not deviate significantly from the established baseline (Tittley 1988), subject to natural change Presence of Chr; Bli; UloUro are a structural component of the reef, but are particularly important due to their rarity. Also suggested that they may be useful indicators and therefore changes in extent and distribution may indicate long term changes in physical conditions at the European marine site Distribution and range of kelp biotopes Distribution of kelp dominated infralittoral communities measured using extent, in particular those biotopes listed at Appendix III. Measured during summer, twice during reporting cycle No decrease in sublittoral extent and range of biotopes from the established baseline (Davies & Sotheran 1995; Brazier and others 1998), subject to natural change Extent and distribution of kelp biotopes is an important structural (composition) and functional (productivity) aspect of the European marine site. Changes in extent and distribution may indicate long term changes in the physical conditions at the site. Species composition of characteristic biotopes Presence and abundance of composite species from biotope LhypFt. Measured during summer, twice during reporting cycle Presence and abundance of composite species should not deviate significantly from a baseline to be established, subject to natural change LhypFt is a major component of the kelp forest at Flamborough Head. Species composition is an important contributor to the structure of LhypFt and therefore the reef as a whole. The presence and relative abundance of characterising species gives an indication of the quality of LhypFt and change in composition may indicate cyclic change/ trend in reef communities Characteristic speciespresence and abundance of Ptilota gunneri and Odonthalia dentata. Presence and abundance of red feathery seaweed Ptilota gunneri and red alga Odonthalia dentata. Measured during summer, once during report cycle Presence and abundance of these species should not deviate significantly from the established baseline (Brazier and others 1996; 1998), subject to natural change Characteristic species of red algae; Ptilota gunneri and Odonthalia dentata are regionally important. Species selected are ‘northern species’ and not found further south on UK’s east coast. They therefore act as indicators of changes in water circulation and temperature patterns, associated with the meeting of colder water body of the northern North Sea and warmer southern North Sea at the Flamborough Front 23 Issued 14 January 2000 Interest feature Sub-feature Subtidal faunal turf communities Reefs Subtidal faunal turf communities Attribute Measure Target Comme nts Characteristic speciespresence and abundance of Calliblepharis ciliata, Halurus equisetifolius, and Taonia atomaria. Distribution and range of circalittoral biotopes Presence and abundance of algal species Calliblepharis ciliata, Halurus equisetifolius, and Taonia atomaria. Measured during summer, once during report cycle Presence and abundance of these species should not deviate significantly from the established baseline (Brazier and others 1996; 1998), subject to natural change Characteristic species of algae; Calliblepharis ciliata, Halurus equisetifolius, and Taonia atomaria are regionally important. Species selected are ‘southern species’ and not found further north on UK’s east coast. They therefore act as indicators of changes in water circulation and temperature patterns, associated with the meeting of colder water body of the northern North Sea and warmer southern North Sea at the Flamborough Front Distribution of circalittoral communities measured using extent, in particular those biotopes listed at Appendix III. Measured during summer, twice during reporting cycle No decrease in the distribution and range of biotopes from the established baseline value (Davies & Sotheran 1995), subject to natural change Flamborough Head subtidal is noted for the number and range of biotopes because they make up a significant proportion of the reef resource at this site. Relative distribution and number of circalittoral biotopes is an important structural and functional aspect of the European marine site. Changes in extent and variety may indicate long term changes in the physical conditions at the site Species composition of characteristic biotopes Presence and abundance of composite species from FluFlu; StoPaur; AlcByH.Hia. Measured during summer months, twice during reporting cycle Presence and abundance of composite species should not deviate significantly from a baseline to be established, subject to natural change FluFlu; StoPaur; AlcByH.Hia, are major components of the subtidal faunal turf reef communities at Flamborough Head. Species composition is an important contributor to the structure of FluFlu; StoPaur; AlcByH.Hia, and therefore the reef as a whole. The presence and relative abundance of characterising species of these biotopes is being used as an indicator of the health of the reef as a whole. Change in composition may indicate cyclic change/ trend in reef communities as a whole 24 Issued 14 January 2000 Interest feature Sub-feature Attribute Measure Target Comme nts Characteristic speciespresence and abundance of Archidistoma aggregatum and Polymastia boletiformis Characteristic speciespresence and abundance of Thuiaria thuja Presence and abundance of the ascidian Archidistoma aggregatum and the yellow sponge Polymastia boletiformis. Measured once during report cycle Presence and abundance of these species should not deviate significantly from a baseline to be established, subject to natural change Characteristic species Archidistoma aggregatum and the yellow sponge Polymastia boletiformis are of regional importance. Species selected are ‘southern’ and not found further north on UK’s east coast. They therefore act as indicators of changes in water circulation and temperature patterns, associated with the meeting of colder water body of the northern North Sea and warmer southern North Sea at the Flamborough Front Presence and abundance of the bottle-brush hydroid Thuiaria thuja Measured once during report cycle Presence and abundance of the species should not deviate significantly from a baseline to be established, subject to natural change Extent Number and location, measured once during reporting cycle Specialist lichen and algal communities Distribution of characteristic sea cave communities Distribution of intertidal chalk cave algal and lichen biotopes RhoCv; Chr; Bli;UloUro. Measured during summer, once during reporting cycle No decrease in extent from a baseline to be established (Howson in prep.), subject to natural change Distribution should not deviate significantly from a baseline to be established (Howson in prep.), subject to natural change Faunal cushion and crust communities Distribution of characteristic rocky shore communities Distribution of intertidal chalk cave biotopes. Measured during summer, once during reporting cycle Characteristic species Thuiaria thuja is regionally important. Species selected is ‘northern’ and not found further south on UK’s east coast. Therefore it acts as indicator of changes in water circulation and temperature patterns, associated with the meeting of colder water body of the northern North Sea and warmer souther North Sea at the Flamborough Front Extent is an attribute on which reporting is required by the Habitats Directive. The extent may alter as a result of natural erosion and collapses as well as a result of human activity, hence the need for periodic measurement Distribution of RhoCv; Chr; Bli; UloUro are an important structural component of the chalk sea caves of Flamborough Head, and are particularly important due to their rarity. Changes in extent and distribution may indicate long term changes in physical conditions at the European marine site Distribution of animal dominated biotopes within the sea caves at Flamborough Head is an important structural component. Changes in extent and distribution may indicate long term changes in physical conditions at the European marine site Sea caves Distribution should not deviate significantly from a baseline to be established (Howson in prep.), subject to natural change NB .Extreme events (such as storms, reducing or increasing salinities, exceptionally cold winters or warm summers) also need to be recorded as they may be critical in influencing ecological issues at Flamborough Head and may well be missed by routine monitoring. 25 Issued 14 January 2000 6. Advice on operations English Nature has a duty under Regulation 33(2)(b) of the Conservation (Natural Habitats &c.) Regulations 1994 to advise other relevant authorities as to any operations which may cause deterioration of natural habitats or the habitats of species, or disturbance of species, for which the site has been designated. Information on how English Nature has developed this advice is given in section 6.2, and on how it may be reviewed and updated in the future, in section 6.4. The advice is provided in summary form in Table 2 and section 6.5, and with more detail in Tables 3a & 3b and section 6.8, including advice in relation to specific interest features and sub-features. 6.1 Purpose of advice The aim of this advice is to enable relevant authorities to direct and prioritise their work on the management of activities that pose the greatest potential threat to the favourable condition of interest features on the Flamborough Head European marine site. The advice is linked to the conservation objectives for interest features and, once issued, will help provide the basis for detailed discussions within the management group to formulate and agree a management scheme to agreed timescales for the site. The advice given here will inform on, but is without prejudice to, any advice to be given subsequently under Regulation 48 or Regulation 50 on operations that qualify as plans or projects within the meaning of Article 6 of the Habitats Directive. 6.2 Methods for assessment To develop this advice on operations English Nature has used a three-step process involving: • • • an assessment of sensitivity of the interest features or their component sub-features to operations; an assessment of the exposure of each interest feature or their component subfeatures to operations; and a final assessment of current vulnerability of interest features or their component sub-features to operations. This three-step process builds up a level of information necessary to manage activities in and around the European marine site in an effective manner. Through a consistent approach, this process enables English Nature to both explain the reasoning behind our advice and identify to competent and relevant authorities those operations which pose the most current threats to the favourable condition of the interest features on the European marine site. All the scores of relative sensitivity, exposure and vulnerability are derived using best available scientific information and informed scientific interpretation and judgement. The process uses sufficiently coarse categorisation to minimise uncertainty in information, reflecting the current state of our knowledge and understanding of the marine environment. Information has been gathered from a range of sources including reports such as ABP Research & Consultancy (1999). 26 Issued 14 January 2000 6.2.1 Sensitivity assessment The sensitivity assessment used is an assessment of the relative sensitivity of the interest features or the component sub-features of the Flamborough Head European marine site to the effects of broad categories of human activities. In relation to this assessment, sensitivity has been defined as the intolerance of a habitat, community or individual (or individual colony) of a species to damage, or death, from an external factor (Hiscock 1996). As an example, kelp communities may be sensitive to increased turbidity resulting from suspended solids because it affects growth by reducing light penetration, which prevents adequate photosynthesis. The sensitivity assessments of the interest features or their component sub-features of the Flamborough Head European marine site are based upon a series of scientific review documents. These include reports produced for the UK Marine SACs LIFE Project (Birkett and others 1998; Hartnoll 1998; Hill and others 1998; Gubbay & Knapman 1999; Saunders and others 1998) and the Marine Habitats Reviews (Jones and others in prep.). The sensitivity assessments are based on current information but may develop with improvements in scientific knowledge and understanding. In particular, English Nature and Scottish Natural Heritage have commissioned the Marine Biological Association of the UK, through its Marine Life Information Network (MarLIN) to provide detailed sensitivity information to underpin this advice, over the next three years, and made available to all over the World Wide Web (www.marlin.ac.uk). 6.2.2 Exposure assessment This has been undertaken for the Flamborough Head European marine site by assessing the relative exposure of the interest features or their component sub-features on the site to the effects of broad categories of human activities currently occurring on the site. For example, the exposure of interest features within the site to changes in the thermal regime as a result of human activities is negligible but exposure of some of the interest features to organic enrichment is moderate. The assessment of exposure has been derived using information collated from relevant authorities and marine stakeholder groups during the Sensitive Marine Area (SMA) Project 1994- 1998 (Bayliss 1995a, 1995b; Howard 1998), see Table 3b. The SAC Management Group and Flamborough Head Maritime Forum, an advisory group in the SAC process, are represented by a significant number of the same organisations and interest groups previously involved in the SMA Project. Additional information relating specifically to the fishing industry has been produced in two reports (Senior 1999a; 1999b) as a result of a joint North Eastern Sea Fisheries Committee and English Nature project. 6.2.3 Vulnerability assessment The third step in the process is to determine the vulnerability of the interest features or their component sub-features to operations. This is an integration of sensitivity and exposure. Only if a feature is both sensitive and exposed to a human activity will it be considered vulnerable. In this context therefore, ‘vulnerability’ has been defined as the exposure of a habitat, community or individual (or individual colony) of a species to an external factor to which it is sensitive (Hiscock 1996). For example, kelp forest is moderately sensitive to changes in salinity, but within the Flamborough Head European marine site, their exposure to this 27 Issued 14 January 2000 category of operation, at the current time, is low and hence its vulnerability is also currently low. The process of deriving and scoring relative vulnerability is provided in Appendix IV. 6.3 Format of advice The advice is provided within six broad categories of operations which may cause deterioration of natural habitats or the habitats of species, or disturbance of species. This approach therefore: • enables links to be made between human activities and the ecological requirements of the habitats or species, as required under Article 6 of the Habitats Directive; • provides a consistent framework to enable relevant authorities in England to assess the effects of activities and identify priorities for management within their areas of responsibility; and • is appropriately robust to take into account the development of novel activities or operations which may cause deterioration or disturbance to the interest features of the site and should have sufficient stability to need only infrequent review and updating by English Nature. These broad categories provide a clear framework against which relevant authorities can assess activities under their responsibility. The more detailed information in Tables 3a & 3b provides relevant authorities with a context against which to consider an assessment of ‘significant effect’ of any plans or projects which may affect the site and a basis to inform on the scope and nature of appropriate assessments required in relation to plans and projects. It is important to note that this advice is only a starting point for assessing impacts. It does not remove the need for relevant authorities to formally consult English Nature over individual plans and projects where required to do so under the Conservation (Natural Habitats &c.) Regulations 1994. 6.4 Update and review of advice Information as to the operations which may cause deterioration of natural habitats or the habitats of species, or disturbance of species, for which the site has been designated, is provided in light of what English Nature knows about current activities and patterns of usage (as at September 1999) at the Flamborough Head European marine site. English Nature expects that the information on current activities and patterns of usage (which was used to derive Table 2) will be supplemented during the process of developing the management scheme through further discussion with the relevant authorities. The option of zoning this information may be appropriate. As such, it is important that future consideration of this advice by relevant authorities and others takes account of changes in the usage patterns that have occurred at the site, over the intervening period, since the advice was issued. In contrast, the information provided in this advice on the sensitivity of interest features or sub-features (Table 3a) is relatively stable and will only change as a result of an improvement in our scientific knowledge, which will be a relatively long term process. Advice for sites will be kept under review and may be periodically updated through discussions with relevant authorities and others to reflect significant changes in our understanding of sensitivity together with the potential effects of plans and projects on the marine environment. 28 Issued 14 January 2000 6.5 Summary of advice on operations 6.5.1 Reefs In pursuit of the conservation objective for ‘reefs’ (section 4.1), the relevant and competent authorities for the Flamborough Head European marine site are advised to manage human activities within their remit such that they do not result in deterioration or disturbance to habitats or species for which the site has been selected, through any of the following: • • • • • Physical loss by removal and/or smothering Physical damage by siltation and/or abrasion Toxic contamination by increased input of synthetic and/or non-synthetic compounds Non-toxic contamination by organic/nutrient enrichment and/or increased turbidity Biological disturbance as result of selective extraction of species. 6.5.2 Sea caves In pursuit of the conservation objective for ‘submerged or partially submerged sea caves’ (section 4.2), the relevant and competent authorities for Flamborough Head European marine site are advised to manage human activities within their remit such that they do not result in deterioration or disturbance to habitats or species for which the site has been selected, through any of the following: • • • Physical loss by removal Toxic contamination by increased input of synthetic and/or non-synthetic compounds Non-toxic contamination by organic/nutrient enrichment Table 2 showing operations which may cause deterioration or disturbance to the Flamborough Head European marine site interest features at current levels of use6,7,8. The advice below is not a list of prohibitions but rather a checklist for operations which may need to be subject to some form of management measure(s) or further measures where actions are already in force. Examples of activities under relevant authority jurisdiction are provided. Operations marked with a 3 indicate those features (or some component of them) that are considered to be highly or moderately vulnerable to the effects of the operations. Categories of operations which may cause deterioration or disturbance Physical loss Removal (eg harvesting, coastal development) Smothering (eg disposal of dredge spoil) Physical damage Siltation (eg dredging, outfalls) Abrasion (eg mobile benthic fishing, anchoring, trampling) Selective extraction (eg aggregate dredging, entanglement) Non-physical disturbance Noise (eg boat activity) Visual (eg recreational activity) Reefs Sea caves 3 3 3 3 3 29 Issued 14 January 2000 Categories of operations which may cause deterioration or disturbance Toxic contamination Introduction of synthetic compounds (eg outfalls) Introduction of non-synthetic compounds (eg outfalls, spills) Introduction of radionuclides Non-toxic contamination Nutrient enrichment (eg agricultural run-off, outfalls) Organic enrichment (eg mariculture, outfalls) Changes in thermal regime (eg outfalls, power stations) Changes in turbidity (eg dredging) Changes in salinity (eg water abstraction, outfalls) Biological disturbance Introduction of microbial pathogens Introduction of non-native species & translocation Selective extraction of species (eg bait collection, fishing) Reefs Sea caves 3 3 3 3 3 3 3 3 3 3 6 This advice has been developed using best available scientific information and informed scientific interpretation and judgement (as at September 1999). This process has used a coarse grading of relative sensitivity, exposure and vulnerability of each interest feature to different categories of operation based on the current state of our knowledge and understanding of the marine environment (Tables 3a & 3b; Appendix IV). The advice is indicative only, and is given to guide relevant authorities and others on particular operations which may cause deterioration of natural habitats or the habitats of species, or disturbance of species for which the site has been designated. The advice, therefore, is not a list of prohibitions but rather a checklist for operations which may need to be subject to some form of management measure(s) or further measures where actions are already in force. 7 The precise impact of any category of operation occurring on the site will be dependent upon the nature, scale, location and timing of events. More detailed advice is available from English Nature to assist relevant authorities in assessing actual impacts and cumulative effects. Assessment of this information should be undertaken in the development of the management scheme by the management group and through wider consultation. 8 In accordance with Government policy guidance, the advice on operations is feature and site specific, and provided in the light of current activities and patterns of usage at the site (as at September 1999) that have occurred over the intervening period. Advice for sites will be kept under review and may be periodically updated through discussions with relevant authorities, and others, to reflect significant changes in our understanding of sensitivity together with the potential effects of plans and projects on the marine environment. The provision of the statutory advice given here, on operations which may cause deterioration of natural habitats or the habitats of species, or disturbance of species, for which the site has been designated, under Regulation 33(2), is provided without prejudice to, any advice to be given subsequently under Regulation 48(3) or Regulation 50 on individual operations that qualify as plans or projects within the meaning of Article 6 of the Habitats Directive. 6.6 Plans and Projects Under Regulation 48(1), an appropriate assessment needs to be undertaken in respect of any plan or project which: a. b. either alone or in combination with other plans or projects would be likely to have a significant effect on a European Site; and is not directly connected with the management of the site for nature conservation. 30 Issued 14 January 2000 An appropriate assessment is required by law for all European Sites (Regulation 48). A European Site is any classified SPA and any SAC from the point where the Union and the Government agree the site as a Site of Community Importance. Appropriate assessment is also required, as a matter of Government policy, for potential SPAs, candidate SACs and listed Ramsar Sites for the purpose of considering development proposals affecting them. (PPG 9 paras 13 and C7). English Nature’s ‘Habitats regulations guidance note: The Appropriate Assessment (Regulation 48)’, is at Appendix V for further information. Tables 2, 3a & 3b in this Regulation 33 package provide relevant authorities with a guide against which to initiate an assessment of ‘significance’ of any plans or projects (and ongoing operations or activities) proposed for the site, although this will only be the starting point for assessing impacts and does not remove the need for relevant authorities to formally consult English Nature over individual plans and projects where required under the Regulations. 6.7 Review of consents Regulation 50 of The Conservation (Natural Habitats &c.) Regulations 1994 requires competent authorities to undertake a review of all existing consents and permissions affecting cSAC and SPAs, as soon as possible after the site officially becomes a Site of Community Importance. This will have implications for discharge and other consents, which will need to be reviewed in light of these objectives and may mean that lower targets for background levels of contaminants etc will need to be set. 6.8 Interest feature and sub-feature specific advice This section provides information to help relate general advice to each of the specific interest features of the Flamborough Head European marine site. This advice relates to the vulnerability of the interest features and sub-features of the Flamborough Head European marine site as summarised in Table 2 and detailed in Tables 3a & 3b. An explanation of the sensitivity of the interest features or sub-features follows, with examples of their exposure and therefore their vulnerability to damage or disturbance from the listed categories of operations. This enables links to be made between the categories of operations and the ecological requirements of the European marine site’s interest features, as set out in Section 3. 6.8.1 Reefs Physical loss • • The extensive areas of chalk reefs at Flamborough Head are of international marine conservation importance as they support a wide variety and unique range of marine habitats and species. The loss of the reef, or any part of it, could jeopardise the survival of some of these habitats or species and would therefore be detrimental to the favourable condition of the reef. All the sub-features of the reef are considered sensitive to physical loss through direct removal or smothering, because such losses would be permanent. Furthermore, many of these communities are dependent upon the ecological functioning of others and the 31 Issued 14 January 2000 • • loss of one may have major implications on the condition of others. This linkage should not, therefore, be overlooked when the potential impact of removal or smothering is considered. Subtidal habitats on the south side of the headland are considered particularly vulnerable to physical loss since they are more exposed to the potential effects of smothering due to proximity to outfall pipes and dredged spoil disposal areas. Deterioration or disturbance to reef sub-features by physical removal or smothering can be the result of either one-off events or the cumulative effect of activities. Physical damage • • Chalk reef communities at Flamborough Head are sensitive to physical damage resulting from siltation, abrasion or selective extraction. Siltation can smother or block the feeding/ respiratory organs of animals or can effect recruitment processes. Abrasion can result in the dislodgement of species or damage the structure of habitats. Damage to the reef, or any part of it, thorough selective extraction could jeopardise the survival of some of these habitats or species and would therefore be detrimental to the favourable condition of the reef. This is because many of these communities are dependent upon the ecological functioning of others and the loss of one may have major implications on the condition of others Most intertidal communities at Flamborough Head are less sensitive to physical damage than subtidal communities because of their adaptation to the physical processes to which they are normally subjected, which generally results in rapid recolonisation and growth. The rocky shores are, however, considered to be moderately vulnerable to abrasion since the effects of trampling may result in abrasion of newly settled spores and recruits at certain times of the year. If such damage is intensive and persistent, particularly on accessible shores around the eastern end of the headland, it may result in damage to fucoid communities, thus altering the natural cycle of the rocky shore ecology. The exposure of rocky shore communities to activities or operations resulting in physical damage from siltation or selective extraction is, however, currently considered negligible. 32 Issued 14 January 2000 Table 3a. Sensitivity and vulnerability matrix for the Flamborough Head European marine site interest features9 Categories of operations which may cause deterioration or disturbance Physical Loss Removal (eg harvesting, land claim) Smothering (eg disposal of dredge spoil) Physical Damage Siltation (eg dredging, outfalls) Abrasion (eg mobile benthic fishing, anchoring, trampling) Selective extraction (eg aggregate dredging, entanglement) Non-physical disturbance Noise (eg boat activity) Visual presence (eg recreational activity) Toxic contamination Introduction of synthetic compounds (eg outfalls) Introduction of non-synthetic compounds (eg outfalls, spills) Introduction of radionuclides Non-toxic contamination Nutrient enrichment (eg agricultural run-off, outfalls) Organic enrichment (eg mariculture, outfalls) Changes in thermal regime (eg outfalls, power stations) Changes in turbidity (eg dredging) Changes in salinity (eg water abstraction, outfalls) Biological disturbance Introduction of microbial pathogens Introduction of non-native species & translocation Selective extraction of species (eg bait collection, fishing) Interest features/sub-features Rocky shore Reefs Kelp forest ●●●● ●●● ●●●● ●●● ●●●● ●●● ●●●● ●● ●●●● ●● ●●● ●●● ●●●● ●●● ●●●● ●●● ●● ●● ●● ●●● ●●● ●●● ●●● ●● ●● ● ● ● ● ● ● ● ● ● ● ●●●● ●●● ●●●● ●●● ●●●● ●●● ●●●● ●●● ●●●● ●●● ●● ●● ●● ●● ●● ●●● ●●● ●●● ●●● ●● ●●● ●● ●●● ●●● ●●● ●●● ●●● ●● ●● ●●● ●● ●● ●●● ●●● ●● ●●● ●● ●● ●● ●●● ●● ●●● ●●● ●● ●●● ●●● ●● ●●● ●●● ●● ●●● ●●● ●● ●●● ●●● High vulnerability Moderate vulnerability ●●●● ●●● ●● ● 9 Subtidal faunal turf Sea Microalgal and lichen caves Faunal cushion and crust High sensitivity Moderate sensitivity Low sensitivity No detectable sensitivity English Nature’s advice on operations is derived from an assessment combining relative sensitivity of the features or sub-features with information on human usage of the site (as at September 1999), to identify relative vulnerability to categories of operations (Appendix IV). 33 Issued 14 January 2000 Table 3b. Exposure assessment of interest features of the Flamborough Head European marine site based on current levels of usage at the site10 Categories of operations which may cause deterioration or disturbance Physical Loss Removal (eg harvesting, land claim) Smothering (eg disposal of dredge spoil) Physical Damage Siltation (eg dredging, outfalls) Abrasion (eg mobile benthic fishing, anchoring, trampling) Selective extraction (eg aggregate dredging, entanglement) Non-physical disturbance Noise (eg boat activity) Visual presence (eg recreational activity) Toxic contamination Introduction of synthetic compounds (eg outfalls) Introduction of non-synthetic compounds (eg outfalls, spills) Introduction of radionuclides Non-toxic contamination Nutrient enrichment (eg agricultural run-off, outfalls) Organic enrichment (eg mariculture, outfalls) Changes in thermal regime (eg outfalls, power stations) Changes in turbidity (eg dredging) Changes in salinity (eg water abstraction, outfalls) Biological disturbance Introduction of microbial pathogens Introduction of non-native species & translocation Selective extraction of species (eg bait collection, fishing) High Low Key: Interest features/sub-features Reefs Sea caves Rocky shore Kelp forest Subtidal faunal turf Microalgal and lichen Faunal cushion and crust Low Low Low Med Low Med Low Low Low Low Low Med Med Low Med Med Low Low Low Low None None Low None None Med Med Med Med Med Med Low Low Low Low Med Med Med Med Med Med Med Med Med Med None None None None None Med Med Med Med Med Med None Med None Med None Med None Med None Low Low Med Low Med Low None None None None Low Low Low Low Low Med Low Low Med Low Low None Low Low None High exposure Low exposure Med None 10 Medium exposure No detectable exposure In accordance with Government policy guidance, this advice is provided in light of current activities and patterns of usage at the site (as at September 1999). It is important therefore that future consideration of this advice by relevant authorities, and others, takes account of changes in the usage patterns at the site. In contrast, the sensitivity of interest features, or sub-features, is relatively stable with alterations reflecting improvement in our scientific knowledge and understanding. To this end, information on sensitivity has been included in Table 3a to assist the management group and advisory groups with future management of the site. 34 Issued 14 January 2000 • • Kelp forest communities are considered to be vulnerable to physical damage by siltation due to their exposure to outfalls and a dredged spoil disposal area. Deposition of silt can cover available hard substrata which interferes with the process of spore attachment (Jones and others 1998). It can also smother young plants, inhibiting their growth and development, or holdfasts which contain a diverse range of filter feeders. The exposure of kelp forest communities to activities or operations resulting in physical damage from abrasion or selective extraction is, however, currently negligible. Subtidal faunal turf communities at Flamborough Head are currently considered to be exposed to the effects of outfalls and a dredged spoil disposal area. Deposition of silt can cover available hard substrata which interferes with the process of attachment. It can also smother species, inhibiting their growth and development, particularly filter feeders. Subtidal faunal turf communities at Flamborough Head are currently considered to be exposed to the effects of mobile benthic fishing. These operations should, however, be assessed in the context of the intensity and type of gear used, as set out in the two reports; ‘Preliminary study investigating the types and potential effects of fishing activities in and around the Flamborough Head candidate Special Area of Conservation site’ (Senior 1999a) and ‘The Flamborough Head cSAC fishing fleet (1999): Inventory of vessels and gear and analysis of fishing effort’ (Senior 1999b), reference should also be made to Gubbay & Knapman (1999). Toxic contamination • • • • Synthetic compounds include pesticides, Polychlorinatedbiphenyls (PCBs) and Tributyltin (TBT). Non-synthetic compounds include heavy metals, such as cadmium, lead and mercury, or oil. All are known to have toxic effects in low concentrations, with larval stages being particularly sensitive, and to be capable of bioaccumulation (Hartnoll 1998) within a foodchain. Reef communities are recognised as being sensitive to toxic contamination because faunal communities primarily consist of filter feeders and marine species which rely on larval dispersion for recruitment. Changes to the reef communities, or any part of them, could jeopardise the survival of some of these communities or species and would therefore be detrimental to the favourable condition of the reef. At Flamborough Head faunal communities in both the intertidal and subtidal are considered to be vulnerable to toxic contaminants given their proximity to outfall pipes and dredged spoil disposal areas, which are potential sources of contaminant input. Toxic contaminants in the marine environment are, however, often the result of diffuse sources and therefore difficult to identify. Faunal turfs are characterised by molluscs, sponges, hydroids, soft corals, annelid worms and bryozoans. Disturbance to species composition of reef communities may result in changes to population structure, through loss of key grazers or predators, eg limpets or dogwhelks, or bioaccumulation, eg plaice feeding on mussels, thus affecting favourable condition and is considered harmful. Dogwhelks at South Landing have been shown to exhibit imposex (Morris 1991), which is a condition induced by TBT at concentrations of around 2-3ng Sn 1-1 and above (Hill and others 1998). Intertidal reef communities of Flamborough Head are sensitive to acute events, such as oil spills, due to their toxicity and smothering effects, although exposure is 35 Issued 14 January 2000 minimal. They often take many years to recover, 5 to 15, depending upon recruitment rates and dispersal of toxic substance. Non-toxic contamination • • • • The composition and diversity of reef communities at Flamborough Head is partly a result of it being situated in an important biogeographic position, at the meeting point of two different oceanic systems. Activities or operations which significantly alter the physical and chemical regime of the waters off Flamborough Head may change the community structure of the reefs. Changes to the reef communities, or any part of them, could jeopardise the survival of some of these habitats or species and would therefore be detrimental to the favourable condition of the reef. Reef communities are sensitive to nutrient/organic enrichment, because they have the potential to be altered due to some species being more competitive than others. This could lead to a dominance by a single or few species which could change the structural composition and potentially lead to a reduction in species diversity and biotopes, characteristic of the reef communities at Flamborough Head. These communities are currently considered to be exposed to the effects of agricultural runoff, industrial and waste water outfall pipes. Increased water turbidity influences the ability of kelp and other algal species to photosynthesise, and this affects the maximum depth at which the kelp can grow. Therefore activities resulting in a reduction in water clarity may affect the growth and survival of kelp forest at Flamborough Head, an important primary producer and habitat. Kelp communities at Flamborough Head are currently considered to be exposed to the effects of activities such as the dumping of dredged spoil south of the headland and proximity to industrial outfall pipes. Subtidal reef communities at Flamborough Head are considered to be more sensitive to changes in salinity and temperature than intertidal communities, which are exposed to daily temperature and salinity changes, because there is the potential to significantly alter the distribution and structure of the reef biotopes. The exposure of reef sub-features to activities or operations resulting in changes to these physical parameters is, however, currently minimal. Biological disturbance • • Over exploitation of shellfish, demersal or pelagic fisheries, either commercially or through recreational pursuits, within the European marine site may disrupt the stability of reef communities, the functional regime of the reefs at Flamborough Head or the fisheries themselves. This is because the removal of particular species or predators from a marine food web, or trophic level, not only affects that population, but can also have a knock on effect for associated species, for example kittiwake. Due to the complexity of marine systems and mobility of species being influenced by seasonal and climatic conditions, the precise impacts of selective extraction of these different types of fisheries is presently unclear. Commercial and recreational fisheries have long been a common activity within and around the European marine site (Senior 1999a; 1999b), resulting in the selective extraction of species from nearshore waters, chalk habitats and associated kelp forest habitats. These areas are considered to be important habitats for a diverse assemblage of species and the precise impacts of selective extraction on these habitats is presently 36 Issued 14 January 2000 • • 6.8.2 unclear, therefore a precautionary approach should be used when managing increased fishing effort or use of ‘new’ gear in the area. Collection of marine plants and animals from the intertidal area, whether for food or bait, results in the selective extraction of species. Rocky shore communities are sensitive to selective extraction due to the potential effects it could have on the structural composition by the removal of key species. Rocky shore communities at Flamborough Head are not considered vulnerable to the effects of selective extraction, at current levels. Reef communities are sensitive to the introduction of competitive non-native species because of the potential impact on community structure. The reef communities at Flamborough Head are currently not vulnerable to the effects of introduced nonnative species due to their low exposure. Sea caves Physical loss • • • The extent and number of chalk sea caves at Flamborough Head are of international marine nature conservation importance because they support a wide variety and unique range of habitats and specialist marine plant and animal communities which attach to or burrow into the bedrock. Loss of the sea caves, or any parts of it, could jeopardise the survival of some of these habitats or species and would be detrimental to the favourable condition of the sea caves. Both the sub-features are considered sensitive to physical loss through direct removal because such losses would be permanent. The microalgal/ lichen communities at Flamborough Head are nationally rare biotopes, whilst many of the faunal cushion and crust communities are dependent upon the ecological functioning of others so the loss of one may have implications on the condition of others. This linkage should not, therefore, be overlooked when the potential impact of removal is considered. Deterioration or disturbance by physical removal can be the result of either one-off events or the cumulative effects of activities. Physical damage • Faunal cushion and crust communities are sensitive to physical damage resulting from abrasion which can result in the dislodgement or damage to the structure of habitats and species. However given their inaccessibility and location, the sea cave subfeatures at Flamborough Head are not considered to be vulnerable to this category of operation, based on their low exposure to current levels of usage at the site. Toxic contamination • • Sea cave communities, including microalgal, lichen and faunal turf, are vulnerable to toxic contamination for the same reasons as reef communities. Therefore changes to the sea cave communities, or any part of them, could jeopardise the survival of some of these communities or species and would therefore be detrimental to the favourable condition of the sea caves. Intertidal sea cave communities at Flamborough Head are sensitive to acute events, such as oil spills, due to their toxicity and smothering effects. Recovery time will depend upon recruitment rates and dispersal of toxic substance. Although the complex 37 Issued 14 January 2000 and intricate topography of the caves will itself contribute to the persistence of harmful substances. Non-toxic contamination • Microalgal and lichen communities are sensitive to nutrient/organic enrichment, because they have the potential to be altered due to some species being intolerant to such conditions or some more competitive than others. This could lead to a dominance by a single or few species which could change the structural composition and potentially lead to a reduction in species diversity and biotopes, characteristic of these specialised communities at Flamborough Head. These communities are currently considered to be exposed to the effects of agricultural run-off, industrial and waste water outfall pipes. • The faunal cushion and crust sea cave communities at Flamborough Head are more sensitive to fluctuations in salinity and temperature because there is the potential to significantly alter the distribution and structure of the sub-feature communities in this specialised habitat. The exposure of sea cave sub-features to activities or operations resulting in changes to these physical parameters is, however, currently negligible. Biological disturbance • The sea cave communities are sensitive to the introduction of competitive non-native species and the extraction of selected species because of the potential impact on community structure. The sea cave communities at Flamborough Head are currently considered to have a low or negligible exposure to activities that may result in biological disturbance. 38 Issued 14 January 2000 7. 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Sublittoral biotopes. Version 97.06. JNCC Report, No. 230 COUNCIL OF EUROPEAN COMMUNITIES. 1979. Council Directive 79/409/EEC of 2 April 1979: on the conservation of wild birds. COUNCIL OF EUROPEAN COMMUNITIES. 1992. Council Directive 92/43/EEC: on the conservation of natural habitats and of wild fauna and flora. Official Journal of the European Communities, L206/7. 39 Issued 14 January 2000 DAVIES, J., & SOTHERAN, I. 1995. Mapping the distribution of benthic biotopes at Flamborough Head. English Nature Research Reports, No. 121. DEPARTMENT OF ENVIRONMENT, TRANSPORT, & THE REGIONS. 1998. European Marine Sites in England and Wales: A Guide to the Conservation (Natural Habitats &c.) Regulations 1994 and to the Preparation and Application of Management Schemes. London: Department of the Environment, Transport and the Regions. ENGLISH NATURE. 1994. Important areas for marine wildlife around England. Peterborough: English Nature. EUROPEAN COMMISSION. 1996. Interpretation manual of European Union Habitats (Version EUR 15). Brussels: DG XI- Environment, nuclear safety and civil protection. FOWLER, S.L., & TITTLEY, I. 1993. The Marine Nature Conservation Importance of British Coastal Chalk Cliff Habitats. English Nature Research Reports, No. 32. London: The Natural History Museum. GEORGE, J.D., TITTLEY, I., PRICE, J.H., & FINCHAM, A.A. 1988. The macrobenthos of chalk shores in North Norfolk and around Flamborough Headland (North Humberside). Report to the Nature Conservancy Council, No. 833. London: The Natural History Museum. GUBBAY, S., & KNAPMAN, P. 1999. In prep. A review of the effects of fishing within European marine sites. Task Report. UK Marine SAC LIFE Project. HARTNOLL, R.G. 1998. Circalittoral faunal turf biotopes (Volume VIII). An overview of dynamics and sensitivity characteristics for conservation management of marine SACs. Scottish Association of Marine Science (UK Marine SACs LIFE Project). UK Marine SAC Project. HILL, S., BURROWS, M.T., & HAWKINS, S. J. 1998. Intertidal reef biotopes (Volume VI). An overview of dynamics and sensitivity characteristics for conservation management of marine SACs. Scottish Association of Marine Science (UK Marine SACs LIFE Project). UK Marine SAC Project. HISCOCK, K., ed. 1996. Marine Nature Conservation Review: rationale and methods. Peterborough: JNCC. HOWARD, L. 1998. Flamborough Head Sensitive Marine Area Management Strategy. HOWSON, C. In prep. Flamborough Head cSAC sea cave survey. INSTITUTE OF ESTUARINE AND COASTAL STUDIES. 1991. Filey Bay Environmental Statement. Institute of Estuarine and Coastal Studies. University of Hull. INSTITUTE OF ESTUARINE AND COASTAL STUDIES. 1992. Block 41/30Flamborough Head Environmental Statement Phase I. Institute of Estuarine and Coastal Studies. University of Hull. 40 Issued 14 January 2000 JONES, L.A., HISCOCK, K., & CONNOR, D.W. 1998. Marine Habitat Reviews. Peterborough: JNCC. MORRIS, E. 1991. Levels of TBT induced imposex in the dogwhelk Nucella lapillus along the North Yorkshire coast. Report BN19/91, National Rivers Authority Yorkshire Region PINGREE, R.D., & GRIFFITHS, D.K. 1978. Tidal fronts on the shelf seas around the British Isles. J. Geophys. Res. No. 83, 4615- 4622. SAUNDERS, C., SELWYN, J., RICHARDSON, S., MAY, V.J. & HEEPS, C. 1998. Recreational user interactions. Task 2.1. UK Marine SAC LIFE Project. SENIOR, R. 1999a. Preliminary study investigating the types and potential effects of fishing activities in and around the Flamborough Head candidate Special Area of Conservation site. North Eastern Sea Fisheries Committee/ English Nature Joint Report. SENIOR, R. 1999b. The Flamborough Head cSAC fishing fleet (1999): Inventory of vessels and gear and analysis of fishing effort. North Eastern Sea Fisheries Committee/ English Nature Joint Report. TITTLEY, I. 1988. Chalk-cliff algal communities: 2 outside southeastern England. Report to the Nature Conservancy Council No. 870. London: The Natural History Museum. WOOD, E. 1988. Flamborough Headland: Sublittoral survey. Report to the Nature Conservancy Council No. 832. 41 Issued 14 January 2000 8. Glossary Advisory Group The body of representatives from local interests, user groups and conservation groups, formed to advise the management group. Annex I habitat(s) A natural habitat(s) listed in Annex I of the Habitats Directive for which Special Areas of Conservation can be selected. Annex II species A species listed in Annex II of the Habitats Directive for which Special Areas of Conservation can be selected. Attribute Characteristic of an interest feature/ sub-feature which provides an indication of the condition of the feature or sub-feature to which it applies. Benthos Those organisms attached to, or living on, in or near, the seabed, including that part which is exposed by tides. Biotope The physical habitat with its biological community; a term which refers to the combination of physical environment and its distinctive assemblage of conspicuous species. Biodiversity The total variety of life on earth. This includes diversity within species, between species and of ecosystems. Characteristic Special to or especially abundant in a particular situation or biotope. Characteristic species should be immediately conspicuous and easily identified. Circalittoral The rocky subtidal zone below that dominated by algae (Animal dominated subtidal zone) Community A group of organisms occurring in a particular environment, presumably interacting with each other and with the environment, and identifiable by means of ecological survey from other groups. Competent authority Any Minister, government department, public or statutory undertaker, public body or person holding a public office that exercises legislative powers. Conservation objective Statement of the nature conservation aspirations for a site, expressed in terms of the favourable condition that we wish to see the species and/or habitats for which the 42 Issued 14 January 2000 site has been selected to attain. Conservation objectives for European marine sites relate to the aims of the Habitats Directive. European marine site A European site (SAC or SPA) which consists of, or in so far as it consists of, marine areas. Favourable conservation status A range of conditions for a natural habitat or species at which the sum of the influences acting upon that habitat or species are not adversely affecting its distribution, abundance, structure or function throughout the EU in the long term. The condition in which the habitat or species is capable of sustaining itself on a long-term basis. Favourable condition A range of conditions for a natural habitat or species at which the sum of the influences acting upon that habitat or species are not adversely affecting its distribution, abundance, structure or function within an individual Natura 2000 site in the long term. The condition in which the habitat or species is capable of sustaining itself on a long-term basis. Habitat The place in which a plant or animal lives. Habitats Directive The abbreviated term for Council Directive 92/43/EEC of 21 May 1992 on the Conservation of Natural Habitats and of Wild Fauna and Flora. It is the aim of this Directive to promote the conservation of certain habitats and species within the European Union. Infralittoral The subtidal zone in which upward facing rocks are dominated by erect algae, typically kelps. Interest feature A natural or semi-natural feature for which a European site has been selected. This includes any Habitats Directive Annex I habitat, or specific component of their fauna and flora, or any Annex II species and any population of a bird species for which a SPA has been designated under the Birds Directive. Any habitat of a species for which the site has been selected, or typical species of an Annex I habitat are also considered to be interest features. Maintain The action required for an interest feature when it is considered to be in favourable condition. Management Group The body of relevant authorities formed to manage the European marine site. 43 Issued 14 January 2000 Management scheme The framework established by the relevant authorities at a European marine site under which their functions are exercised to secure, in relation to that site, compliance with the requirements of the Habitats Directive. Nationally scarce/rare For marine purposes, these are regarded as species of limited national occurrence. Natura 2000 The European network of protected sites established under the Birds Directive and the Habitats Directive. Operations which may cause deterioration or disturbance Any activity or operation taking place within, adjacent to, or remote from a European marine site that has the potential to cause deterioration to the natural habitats for which the site was designated or disturbance to the species and its habitats for which the site was designated. Plan or project Any proposed development that is within a relevant authority’s function to control, or over which a competent authority has a statutory function to decide on applications for consents, authorisations, licences or permissions. Relevant authority The specific competent authority which has powers or functions which have, or could have, an impact on the marine environment within, or adjacent to, a European marine site. Restore The action required for an interest feature when it is not considered to be in a favourable condition. Sensitivity The intolerance of a habitat, community or individual species to damage or disturbance from an external force. Sub-feature An ecologically important sub-division of an interest feature. Vulnerability The likelihood of a habitat, community or individual of a species being exposed to an external factor to which it is sensitive. 44 Issued 14 January 2000 Appendix I List of relevant authorities for the Flamborough Head European marine site Harbour Master Bridlington Harbour Commissioners Gummers Wharf West End Bridlington East Yorkshire YO15 3AN Sustainable Development Manager Economic Development, Tourism and Forward Planning East Riding of Yorkshire Council County Hall Beverley East Yorkshire HU17 9BA Conservation Officer- East Riding English Nature North and East Yorkshire Team Genesis 1 Science Park Heslington York YO10 5ZQ FER Manager Environment Agency Ridings Area Phoenix House Global Avenue Leeds LS11 8PG Flamborough and North Landing Harbour Commissioners West Kapelle Woodcock Road Flamborough East Yorkshire YO15 1LL Chief Fisheries Officer North Eastern Sea Fisheries Committee Town Hall Bridlington East Yorkshire YO16 4LP Head of Heritage Service Environment Department North Yorkshire County Council County Hall 45 Issued 14 January 2000 Northallerton North Yorkshire DL7 8AH Director of Technical Services Scarborough Borough Council Town Hall St. Nicholas Street Scarborough North Yorkshire YO11 2HG Legal and Insurance Manager Trinity House Lighthouse Service Trinity House Tower Hill London EC3N 4DH Head of Safety, Health and Environment Yorkshire Water Services ltd Western House Western Way Halifax Road Bradford BD6 2LZ 46 Issued 14 January 2000 Appendix IIa Map of Flamborough Head candidate SAC 47 Issued 14 January 2000 Appendix IIb Map of the Flamborough Head and Bempton Cliffs SPA 48 Issued 14 January 2000 Appendix III Summary of key biotopes recorded in the Flamborough Head European marine site A number of habitats, community types and species present at Flamborough Head are of special interest, either for their rarity, conservation importance or their characteristic regional distribution. The key biotopes are summarised below; listed as MNCR biotopes (Connor and others. 1997). For additional information on biotopes refer to Connor and others (1997) and their distribution at Flamborough Head, refer to Brazier and others (1998). Key biotopes MNCR Biotope Brief description (Connor and others 1997) LITTORAL ROCK (LR.L) Ver.Ver Lichens or algal crusts Chr Bli UloUro EXPOSED LITTORAL ROCK (ELR.MB) MytB BPat BPat.Sem (ELR.FR) Him MODERATELY EXPOSED LITTORAL ROCK (MLR.BF) FvesB Fser Fser.Fser Fser.Fser.Bo (MLR.R) Mas Verrucaria maura on very exposed to very sheltered upper littoral fringe rock Chrysophyceae on vertical upper littoral fringe soft rock Blidingia spp., on vertical littoral fringe soft rock Ulothrix flacca and Urospora spp., on freshwaterinfluenced vertical littoral fringe soft rock Frequency of occurrence in Britain Very common Rare Rare Rare Mytilus (mussels) and barnacle shores Mytilus edulis and barnacles on very exposed eulittoral rock Barnacles and Patella spp on exposed or moderately exposed, or vertical sheltered, eulittoral rock Semibalanus balanoides on exposed or moderately exposed, or vertical sheltered eulittoral rock Robust fucoids or red seaweeds Himanthalia elongata and red seaweeds on exposed lower eulittoral rock Common Very common Very common Common Barnacles and fucoids (moderately exposed shores) Fucus vesiculosus and barnacle mosaics on moderately exposed and mid eulittoral rock Fucus serratus on moderately exposed lower eulittoral rock Dense Fucus serratus on moderately exposed to very sheltered lower eulittoral rock Fucus serratus and under-boulder fauna on lower eulittoral boulders Red seaweeds (moderately exposed shores) Mastocarpus stellatus and Chondrus crispus on very to moderately exposed lower eulittoral rock 49 Very common Very common Very common Common Scarce Issued 14 January 2000 MNCR Biotope Brief description (Connor and others 1997) (MLR.Eph) Ephemeral green or red seaweeds (freshwater or sandinfluenced) Enteromorpha spp on freshwater-influenced or unstable upper eulittoral rock Ent EntPor Rho (MLR.MF) MytFves MytFR SHELTERED LITTORAL ROCK (SLR.F) Fspi Fves LITTORAL ROCK (OTHER) (LR.Rkp) Cor FK SwSed (LR.Ov) RhoCv SR EXPOSED INFRALITTORAL ROCK (EIR) (EIR.KFaR) LhypFa FoR (EIR.SG) Frequency of occurrence in Britain Uncommon Porphyra purpurea or Enteromorpha spp on sand-scoured mid or lower eulittoral rock Rhodothamniella floridula on sand-scoured lower eulittoral rock Mytilus (mussels) and fucoids (moderately exposed shores) Mytilus edulis and Fucus vesiculosus on moderately exposed mid eulittoral rock Mytilus edulis, Fucus serratus and red seaweeds on moderately exposed lower eulittoral rock Dense fucoids (Stable rock) Scarce Fucus spiralis on moderately exposed to very sheltered upper eulittoral rock Very common Fucus vesiculosus on sheltered mid eulittoral rock Rockpools Very common Corallina officinalis and coralline crusts in shallow eulittoral rockpools Fucoids and kelps in deep eulittoral rockpools Seaweeds in sediment (sand or gravel)-floored eulittoral rockpools Overhangs and caves Rhodothamniella floridula in upper littoral fringe soft rock caves Sponges and shade-tolerant red seaweeds on overhanging lower eulittoral bedrock Very common Kelp with cushion fauna, foliose red seaweeds or coralline crusts (exposed rock) Laminaria hyperborea forest with a faunal cushion (sponges and polyclinids) and foliose red seaweeds on very exposed upper infralittoral rock Foliose red seaweeds on exposed or moderately exposed lower infralittoral rock Robust faunal cushions and crusts (surge gullies and caves) 50 Uncommon Scarce Rare Common Common Rare Common Uncommon Issued 14 January 2000 MNCR Biotope Brief description (Connor and others 1997) SCAn.Tub Sponge crusts, anemones and Tubularia indivisa in shallow infralittoral surge gullies Sponge crusts, colonial (polyclinid) ascidians and a bryozoan/hydroid turf on wave-surged vertical or overhanging infralittoral rock Balanus crenatus and/or Pomatoceros triqueter with spirorbid worms and coralline crusts on severely scoured vertical infralittoral rock SCAs.ByH CC.BalPom MODERATELY EXPOSED INFRALITTORAL ROCK (MIR) (MIR.KR) Ldig Ldig.Ldig Lhyp.Ft Lhyp.Pk Lhyp.Tft (MIR.SedK) XKScrR EphR INFRALITTORAL ROCK (OTHER) (IR) (IR.FaSwV) AlcByH AlcByH.Hia MODERATELY EXPOSED CIRCALITTORAL ROCK (MCR) (MCR.ByH) Flu.Flu Kelp with red seaweeds (moderately exposed rock) Laminaria digitata on moderately exposed or tide-swept sublittoral fringe rock Laminaria digitata on moderately exposed sublittoral fringe rock Laminaria hyperborea forest and foliose red seaweeds on moderately exposed upper infralittoral rock Laminaria hyperborea park foliose red seaweeds on moderately exposed lower infralittoral rock Laminaria hyperborea forest, foliose red seaweeds and a diverse fauna on tide-swept upper infralittoral rock Sand or gravel-affected or disturbed kelp and seaweed communities Mixed kelps with scour-tolerant and opportunistic foliose red seaweeds on scoured or sand-covered infralittoral rock Ephemeral red seaweeds and kelps on tide-swept mobile infralittoral cobbles Fauna and seaweeds (shallow vertical rock) Alcyonium digitatum with a bryozoan, hydroid and ascidian turf on moderately exposed vertical infralittoral rock Alcyonium digitatum, Hiatella arctica, bryozoan, hydroid and ascidian turf on moderately exposed vertical infralittoral rock Bryozoan/hydroid turfs (sand-influenced) Flustra foliacea on slightly scoured silty circalittoral rock or mixed substrata 51 Frequency of occurrence in Britain Uncommon Very common Very common Very common Common Uncommon Uncommon Common Very common Issued 14 January 2000 MNCR Biotope Brief description (Connor and others 1997) Flu.SerHyd Sertularia argentea, S. cupressina and Hydrallmania falcata on tide-swept circalittoral cobbles and pebbles Urticina felina on sand-scoured circalittoral rock Mussel beds (open coast circalittoral rock/mixed substrata) Mytilus edulis beds with hydroids and ascidians on tideswept moderately exposed circalittoral rock Brittlestar beds Ophiothrix fragilis and/or Ophiocomina nigra beds on slightly tide-swept circalittoral rock or mixed substrata Grazed fauna (moderately exposed or sheltered rock) Faunal and algal crusts, Echinus esculentus, sparse Alcyonium digitatum and grazing-tolerant fauna on moderately exposed circalittoral rock Ascidian communities (silt-influenced) Stolonica socialis and/or Polyclinum aurantium ascidian communities with Flustra foliacea on slightly sand-scoured tide-swept moderately exposed circalittoral rock Soft rock communities Polydora sp tubes on upward facing circalittoral soft rock Urt.Urt (MCR.M) MytHAs (MCR.Bri) Oph (MCR.GzFa) FaAlC (MCR.As) StoPaur (MCR.SfR) Pol CIRCALITTORAL MIXED SEDIMENTS (CMX) SspiMx ModMx Sabellaria spinulosa and Polydora spp on stable circalittoral mixed sediment Modiolus modiolus beds on circalittoral mixed sediment 52 Frequency of occurrence in Britain Very common Common Uncommon Issued 14 January 2000 Appendix IV Matrix of relative vulnerability The relative vulnerability of an interest feature or sub-feature is determined by multiplying the scores for relative sensitivity and exposure, and classifying that total into categories of relative vulnerability. Relative sensitivity of the interest feature High (3) Medium (2) Low (1) None detectable (0) 9 6 3 0 6 4 2 0 Low (1) 3 2 1 0 None (0) 0 0 0 0 High (3) Relative exposure of the interest feature Medium (2) Categories of relative vulnerability High Medium Low None detectable 6-9 3-5 1-2 0 53 Issued 14 January 2000 Appendix V English Nature’s Habitats Regulations Guidance Note 1: The Appropriate Assessment (Regulation 48) The Conservation (Natural Habitats & c.) Regulations 1994 54 Issued 14 January 2000 1 HRGN Habitats regulations guidance note Issued by Greg Smith, Environmental Impacts Team, English Nature. Tel: 01733 455210 The Appropriate Assessment (Regulation 48) The Conservation (Natural Habitats &c) Regulations, 1994 Introduction 1. This Guidance Note has been prepared to assist competent authorities and English Nature staff when undertaking the “appropriate assessment” required by Regulation 48 of the Habitats Regulations 1994 implementing Article 6(3) of the Habitats Directive (92/43/EEC). Only the Courts can provide authoritative interpretation of the Regulations, but these notes have been developed in the light of practical experience and a close examination of the Regulations, the Habitats Directive and central government guidance, particularly in PPG 9. d. Significant Effects 5. The plan or project does not have to be located within the designated area. Significant effects may occur even if the plan or project is some distance away and even outside any consultation area defined by English Nature (PPG 9 paras 30-32). The effects may be direct or indirect, temporary or permanent, beneficial or harmful to the site, or a combination of these. When Does An ‘Appropriate Assessment’ Need To Be Undertaken? 6. The initial determination of likely significance is intended to ensure that all relevant plans and projects likely to have a material effect on these internationally important sites are subject to an appropriate assessment. In all but the most clear cut cases, competent authorities are likely to need advice. English Nature will advise, on request, as to whether any particular plan or project may be likely to have a significant effect on any of these sites. If the decision as to whether or not the development would have a significant effect on the designated site is inconclusive, on the information available, the competent authority should make a fuller assessment; in doing so they may ask the developer or other parties for more information. (PPG 9 para C10). Types of Proposal 2. Under Regulation 48(1), an appropriate assessment needs to be undertaken in respect of any plan or project which: a. either alone or in combination with other plans or projects would be likely to have a significant effect on a European Site, and b. is not directly connected with the management of the site for nature conservation. 3. Appropriate assessment is required by law for all European Sites (Regulation 48). A European Site is any classified SPA and any SAC from the point where the Commission and the Government agree the site as a Site of Community Importance. Appropriate assessment is also required, as a matter of Government policy, for potential SPAs, candidate SACs and listed Ramsar Sites for the purpose of considering development proposals affecting them. (PPG 9 paras 13 and C7). Who Undertakes the Appropriate Assessment? 7. The appropriate assessment must be undertaken by the competent authority, as defined in Regulation 6(1) of the Habitats Regulations, which includes any Minister, Government Department, public or statutory undertaker, public body of any description or person holding a public office. The developer or proposer of the plan or project is required to provide relevant information. English Nature must be consulted, during the course of the assessment, but it is the duty of the competent authority to undertake the assessment itself. Timing of the Assessment 4. An appropriate assessment needs to be undertaken in respect of a plan or project described above before any "competent authority": a. decides to undertake the plan or project, in cases where no consent, permission or other authorisation is required. (Reg. 48(1)); b. decides to give any consent, permission or other authorisation for the plan or project. (Regs. 48(1) et al); c. reviews the decision to undertake a plan or project or reviews consents, permissions or other authorisations HRGN No. 1 for plans or projects that are incomplete. (Regs. 50(2) et al - see also English Nature Habitats Regulations Guidance Note No. 2); decides whether to approve an application for development that would otherwise be permitted development. (Reg. 62(6)). 8. Most competent authorities will not have the technical expertise "in house" to assess the effects of the plan or project on the international nature conservation interests. Most will need to rely heavily on the advice, guidance and 55 English Nature May 1997 Issued 14 January 2000 recommendations of English Nature, at each stage, including the scope and content of the assessment, the site's conservation objectives, the information required from the developer or proposer and the effects on the integrity of the site, all of which are discussed below. The appropriate assessment, in many cases, is likely to be an iterative process. In the simplest cases a general statement in a single consultation response from English Nature may suffice to enable the competent authority to complete the assessment. However, in most cases, it is envisaged that a more detailed response from, and dialogue with, English Nature is likely to be necessary. compliance with the Directive 85/337/EEC. In many cases, plans or projects that will be subject to an appropriate assessment will need an Environmental Statement (ES) to be prepared under the EA Regulations. (PPG 9 paras 38 and 39). 14. The ES will address all significant environmental effects. It will be appropriate to use the information assembled for the ES when carrying out the appropriate assessment under the Habitats Regulations. In view of this it would be helpful if the relevant ES clearly identified, under a specific subject heading, the likely significant effects on the internationally important habitats and/or species. What is an ‘Appropriate Assessment’ How is an Appropriate Assessment Undertaken? 9. It is a self contained step in a wider decision making process, required by the Habitats Regulations and described more fully in PPG 9, Annex C. Its conclusions must be based only on the scientific considerations under steps laid out in the Habitats Regulations. The assessment should not be influenced by wider planning or other considerations. Key Steps 15. Having established that an appropriate assessment is required, the following conclusions may be drawn (from the foregoing considerations and Government guidance) in respect of how it should be undertaken. The Key Steps in an Appropriate Assessment The competent authority: I Must consult English Nature II May consult the general public III Should clearly identify and understand the site’s conservation objectives having regard to the advice of English Nature IV Should require the applicant to provide such information as may reasonably be required for the purposes of the assessment V Should identify the effects of the proposal on the habitats and species of international importance and how those effects are likely to affect the site’s conservation objectives VI Should decide whether the plan or project, as proposed, would adversely affect the integrity of the site in the light of the conservation objectives VII Should consider the manner in which the plan or project is proposed to be carried out, whether it could be modified, or whether conditions or restrictions could be imposed, so as to avoid adverse effects on the integrity of the site VIII Should conclude whether the proposal, as modified by conditions or restrictions, would adversely affect the integrity of the site IX Should record the Assessment and notify English Nature of the conclusions 10. The Regulations do not specify how the assessment should be undertaken but describe it simply as “an appropriate assessment”. This is taken to mean that the assessment must be appropriate to its purpose under the Regulations (and also the Directive, which originated the use of the term). Its purpose is to assess the implications of the proposal in respect of the site’s "conservation objectives". The conclusions of the assessment should enable the competent authority to ascertain whether the proposal would adversely affect the integrity of the site. Scope and Content 11. PPG 9 indicates that the scope and content of an appropriate assessment will depend on the location, size and significance of the proposed plan or project (PPG 9 box C10). The PPG indicates that English Nature will advise on a caseby-case basis. According to the nature conservation interests of the site, English Nature will identify particular aspects that the appropriate assessment should address. Examples given are hydrology, disturbance and land-take, but there are clearly many other potential matters that may need to be addressed in particular cases. 12. Procedures under the Habitats Regulations should be confined to the effects on the internationally important habitats or species for which the site is or will be internationally designated or classified, including any indirect effects on these interests, for example, via their supporting ecosystems and natural processes. Notwithstanding a favourable assessment in respect of the plan or project's effects on the international nature conservation interests for which the site was classified or designated, decisions to undertake or give consent to the plan or project may need to take account of other international, national, regional or local nature conservation interests in the light of other policy and legislative provisions. (PPG 9 paras 4, 18 and 27). The Key Steps Explained These key steps are explained in more detail below. I. Consulting English Nature 16. Under Regulation 48(3) the competent authority must consult English Nature and must have regard to any representations made by English Nature. It may be inferred from PPG 9 (box C10 and para C9) that the competent authority would be expected to follow the advice of English Nature and normally to decide the case “in accordance with Environme ntal Assessment 13. The appropriate assessment is not the same as an environmental assessment under the provisions of the various Environmental Assessment (EA) Regulations (1988-95), in HRGN No. 1 56 English Nature May 1997 Issued 14 January 2000 the recommendations of English Nature”. If it does not do so, the competent authority should be prepared to explain its reasons. In cases where it proposes to agree to a plan or project notwithstanding a negative assessment, the competent authority is required to notify the Secretary of State in advance of any decision. plan or project, either alone or in combination with other plans or projects, on the habitats and species of international importance and how those effects are likely to affect the site’s conservation objectives. This will involve considering, for example, the nature, scale, geographic extent, timing, duration and magnitude of direct and indirect effects; considering the degree of certainty in the prediction of effects; considering all mitigating measures already contained in the proposal and the extent to which these measures are likely to avoid, reduce or ameliorate adverse effects on the international nature conservation interests. It is the residual effects, after mitigation, that are considered at this stage. II. Consulting the General Public 17. Under Regulation 48(4) the competent authority may (if it considers it appropriate) take the opinion of the general public, on the implications of the proposal for the site’s conservation objectives, using whatever steps they consider necessary. This may usefully include taking the opinion of others with relevant knowledge or expertise. VI. Integrity of the Site 22. Having regard to English Nature’s advice, other consultation responses and any other information available, the competent authority should decide whether the plan or project, as proposed, would adversely affect the integrity of the site, in the light of its conservation objectives. That is, whether the plan or project would adversely affect the “coherence of the site’s ecological structure and function, across its whole area, or the habitats, complex of habitats and/or populations of species for which the site is or will be classified” (PPG 9 box C10). An adverse effect on integrity is likely to be one which prevents the site from making the same contribution to favourable conservation status for the relevant feature as it did at the time of its designation. III. The Site's Conservation Objectives 18. The Regulations do not define what is meant by the site’s conservation objectives but PPG 9 box C10 describes them as: "the objectives.... / the reasons for which the site was classified or designated" English Nature will be able to give a clear statement of the site's conservation objectives in the light of its European Site Register entry (compiled by Government under Regulation 11), its citation, its reasons for recommendation, English Nature’s knowledge of the site, national and international objectives for the international nature conservation interests (such as may be contained in the UK Biodiversity Action Plan) and any Management Plan or Management Statement for the site in so far as they relate to the interests for which the site was selected. 19. The site may also host habitats and/or species of Community interest (see Article 1 of the Habitats Directive) which are not mentioned in the European Site Register, the citation or the reasons for recommendation because they were not, at the time, a reason for classification or designation. Such features are not relevant to the appropriate assessment itself. Nevertheless their presence may be material to the decision as to whether or not to undertake or to consent to the plan or project. 23. The form of words used in Regulation 48(5) implies that a precautionary approach should be taken in considering effects on integrity, in line with the Government’s principles for sustainable development (see Sustainable Development: the UK strategy page 33). Regulation 48(5) says that (subject to Regulation 49) projects may only proceed if the competent authority has ascertained that it will not adversely affect the integrity of the European site. VII. Considering How To Avoid Adverse Effects 24. If the proposal would adversely affect the integrity of the site then, having regard to English Nature’s advice, the competent authority should consider the manner in which it is proposed to be carried out and whether the plan or project could be modified, or whether conditions or restrictions could be imposed, so as to avoid the adverse effects. This may include, for example, changes to the siting, layout, timing or use of the proposal and the use of obligations or legal agreements. (Reg. 48(6)). IV. Requiring Further Information 20. The competent authority, taking the advice of English Nature where necessary, should require the applicant to provide such information as the competent authority may reasonably require for the purposes of making the assessment (Reg.48(2)). The information required may relate to any environmental information, or information about the proposal, relevant to the assessment and may include: 25. Compensatory measures that may be offered in the proposal at this stage, seeking to redress but not remove residual harm to the international interests (such as the provision of land for habitat creation purposes), should not be considered in the appropriate assessment, but may be considered later in the decision making process. (See Reg. 53). i. information already available, or ii. new information from surveys that may need to be carried out, or iii. data analysis, predictions, comparisons or assessments of a technical nature. VIII. Conclusion on Effects In The Light of Conditions and Restrictions 26. The competent authority should reassess the conclusions in the light of any such modifications, conditions or restrictions that may be agreed or imposed. V. Identifying the Effects 21. Having regard to English Nature’s advice and other consultation responses and, where relevant, taking account of the ES or any other information supplied by the developer/proposer, or otherwise available, the competent authority should identify what the effects of the proposal are likely to be. The effects considered should be those of the HRGN No. 1 IX. Recording the Assessment 57 English Nature May 1997 Issued 14 January 2000 27. It would be advisable for this conclusion, and the reasons for it, to be recorded. English Nature should be notified of the conclusion of the appropriate assessment and the authority’s decision as to the effects on the integrity of the site, before the authority undertakes the plan or project or issues any permission, consent or other authorisation (PPG 9 para 30). 28. The subsequent courses of action open to a competent authority are set out in Regulations 48(5) - (7), 49 and 54(3). The Regulations prohibit a competent authority from undertaking or giving consent to any plan or project unless the appropriate assessment concluded that it would not have an adverse effect on the integrity of the site, or specific criteria are met and the Secretary of State has been informed. Good Practice Outline of an Appropriate Assessment Record 29. A suggested model or good practice outline record of an scale, location and significance of the proposal and to the appropriate assessment is set out below. It may be contained in, relevant nature conservation interests. It is provided here as a for example, a planning officer’s committee report or the guide to assist competent authorities and English Nature staff, minutes of a competent authority’s decision. In other cases it not as an authoritative legal formula. Any record made of an may be a file note, clearly recording compliance with the appropriate assessment should be copied to English Nature and Regulations. The record may take many different forms to any other parties who were consulted on the assessment. because each assessment needs to be appropriate to the type, Title of Plan or Project/Application Location of Plan or Project/Application [With location plan attached showing relationship to the international designation] International Nature Conservation Site Nature/Description of Plan or Project/Application [Including brief description of manner in which plan or project is proposed to be carried out] Date Appropriate Assessment Recorded This is a record of the appropriate assessment, required by Regulation 48 of the Habitats Regulations 1994, undertaken by [name of competent authority] in respect of the above plan/project, in accordance with the Habitats Directive (Council Directive 92/43/EEC). Having considered that the plan or project would be likely to have a significant effect on the [name of international site] and that the plan or project was not directly connected with or necessary to the management of the site, an appropriate assessment has been undertaken of the implications of the proposal in view of the site’s conservation objectives. English Nature was consulted under Regulation 48(3) on [date] and their representations, to which this authority has had regard, are attached at Annex 1. The conclusions of this appropriate assessment * are/are not in accordance with the advice and recommendations of English Nature. *The applicant was required to submit further information reasonably necessary for this assessment on [date] under Reg.48(2) * and replied with the information on [date]/but did not supply the information. * The opinion of the general public was taken under Reg. 48(4) by way of *public advertisement/further consultation etc and the views expressed (attached at Annex 2) have been taken into account. The site’s conservation objectives have been taken into account, including consideration of the citation for the site and information supplied by English Nature (see Annex 1). The likely effects of the proposal on the international nature conservation interests for which the site was designated may be summarised as: [List of Effects] The assessment has concluded that: *a) the plan or project as proposed would not adversely affect the integrity of the site, or *b) the plan or project as proposed would adversely affect the integrity of the site. [If (b):] The imposition of conditions or restrictions on the way the proposal is to be carried out has been considered and it is ascertained that: *a) conditions or restrictions cannot overcome the adverse effects on the integrity of the site. or *b) the following conditions and/or restrictions would avoid adverse effects on the integrity of the site. [list conditions/restrictions] Signed ........................ Date .................. (* delete as appropriate) Annexes to also include relevant correspondence, minutes or meetings with English Nature, the applicant etc. HRGN No. 1 58 English Nature May 1997