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Solent European Marine Sites Annual Monitoring Report 2016 Final December 2016 Prepared by the Solent Forum on behalf of the SEMS Management Scheme

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Solent European Marine Sites Annual Monitoring Report 2016

Final December 2016

Prepared by the Solent Forum on behalf of the SEMS Management Scheme

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Solent European Marine Sites Annual Monitoring Report 2016 FINAL SEMS Management Scheme 2016

Solent European Marine Sites Annual Monitoring Report 2016

Contents

SUMMARY........................................................................................................................................3

1 INTRODUCTION........................................................................................................................5

2 BACKGROUND.........................................................................................................................6

3 OTHER PLANS IN THE SEMS REGION...................................................................................6

4 SITE CONDITION......................................................................................................................7

5 RISK CATEGORIES..................................................................................................................7

6 ACTIVITIES AND ACTIONS FOR DELIVERY PLAN................................................................9

6.1 High Risk Activities that have increased or remained elevated........................................11

6.2 Medium Risk Activities that have increased or remained elevated...................................18

6.3 Low Risk Activities that have increased or remained elevated.........................................21

7 ACTIVITIES RESULTING FROM PLANS AND PROJECTS...................................................24

8 MONITORING..........................................................................................................................28

9 OTHER ISSUES......................................................................................................................29

APPENDIX 1...................................................................................................................................30

An analysis of residual negative impacts on the Solent European Marine Sites, Solent Forum, May 2016 (amended August 2016).............................................................................................30

APPENDIX 2...................................................................................................................................35

COMMENTS RECEIVED ON THIS REPORT.............................................................................35

APPENDIX 3...................................................................................................................................42

Relevant authorities and abbreviations........................................................................................42

CONTACT.......................................................................................................................................42

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SUMMARY

This report forms the basis for discussion and agreement by the Solent European Marine Sites (SEMS) Management Group (MG) on actions needed to comply with the Conservation of Habitats and Species Regulations 2010. It presents a summary and assessment of the SEMS annual monitoring responses for 2016, and should be read in conjunction with the SEMS Response Report 2016 and SEMS 2016 Delivery Plan1. Together these three reports comprise the SEMS Management Scheme, which documents compliance with the Regulations.

Activities taking place across the SEMS were recorded in the SEMS Response Report 2016 by twenty seven of the thirty two relevant authorities that comprise the SEMS MG. Those activities which increased or remained elevated during 2016 (compared to 2015) are included in this report. They are:

o Access / Land recreationo Water sportso Fishing (Commercial including shellfishing)o Bait diggingo Agricultural run-offo Recreational boatingo Litteringo Navigation (Maintenance of infrastructure)

The recorded changes in each of these activities are summarised and further actions may be proposed by the SEMS MG for each activity to reduce the impact on the SEMS. All actions underway and proposed will be updated at the SEMS meeting on 21st September 2016 and can be found in the SEMS Delivery Plan 20161.

Five activities are believed to be producing a residual impact that may cause the condition of the SEMS to change:

o Access / Land recreationo Water sportso Fishing (Commercial including shellfishing)o Agricultural run-offo Littering

It is believed that littering should be moved from a low risk to a medium risk category.

This report also documents information provided by the SEMS MG on activities resulting from plans and projects, and on all the monitoring being done, and planned, by relevant authorities in the SEMS. The monitoring information is summarised in a separate Monitoring Programme1.

1 The SEMS Response Report 2016, SEMS Delivery Plan 2015 and Monitoring Programme can be found at http://www.solentems.org.uk/publications/. The SEMS Delivery Plan 2016 will be available later in 2016

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Information and activities that are not covered elsewhere in the report are included in a section on Other Issues.

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Solent European Marine Sites Annual Monitoring Report 2016

1 INTRODUCTION

The SEMS Management Scheme (MS) for 2016 comprises the following three documents which can be found at www.solentems.org.uk/publications:

1 SEMS Monitoring Response Report 20162 SEMS Annual Monitoring Report 2016 (this report)3 SEMS Delivery Plan 2016

The Framework for the SEMS MS is shown in Figure 1

Figure 1 SEMS Management Scheme Framework

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Natural England’s Conservation Advice2, produced under regulation 35 of the Habitats Regulations 2010, lists activities that could cause damage to SEMS and guides the MS. The RAs individually monitor parts of the SEMS within their area of responsibility and report on any damaging activities by completing an online questionnaire every Spring. This survey forms the basis of the annual monitoring, and gathers details of all activities within the SEMS and of any effect that these activities are having on the condition of the SEMS. Activities are classified according to Defra’s EMS Risk Review as high, medium or low risk.

Of the thirty two RAs who were invited to answer the questionnaire in 2016, twenty seven responded. Further telephone interviews were conducted with RAs who had indicated activities that may have a detrimental effect on the SEMS, and with those who noted a possible residual impact. Full details of the on-line questionnaire results are given in the SEMS Response Report 2016, which is available at www.solentems.org.uk/publications/.

The SEMS Annual Monitoring Report (this report) summarises and assesses the SEMS monitoring responses for 2016 (from both the on-line questionnaires and any subsequent follow-up interviews and comments). It is based on the responses of the twenty seven relevant authorities who completed the monitoring questionnaire. It serves to inform and help the MG at their annual meeting, where they determine what actions to take forward in the SEMS 2016 Delivery Plan.

Acronyms used for the RAs are given in Appendix 2.

2 BACKGROUND

The Solent European Marine Sites (SEMS) Management Scheme was established under what is now Regulation 36 of the Habitats Regulations3. The SEMS Management Group (MG) of Relevant Authorities (RAs) is responsible for the Management Scheme and the Solent Forum provides the secretariat. RAs are responsible for monitoring activities across the site annually, and for addressing any issues that are shown to be damaging the site. Further details on the SEMS Management Scheme can be found on the SEMS website at www.solentems.org.uk/.

3 OTHER PLANS IN THE SEMS REGION

Several other plans exist that relate to management of the same areas covered by SEMS, including the Solent Site Improvement Plan (SIP)4, South Marine Plans5 and the River Basin Management Plan (RBMP)6 (South East River Basin District).

2 The draft Conservation Advice package can be found at https://www.gov.uk/government/publications/marine-conservation-advice-for-special-area-of-conservation-solent-maritime-uk00300593 The Conservation of Habitats and Species Regulations 20104 The Solent SIP can be found at http://publications.naturalengland.org.uk/publication/4692013588938752 5 Details of the MMO South Marine Plans is at https://www.gov.uk/guidance/south-inshore-and-south-offshore-marine-plan-areas#page-navigation 6 The RBMP can be found at https://www.gov.uk/government/publications/south-east-river-basin-management-plan

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The Solent SIP provides a high level overview of the issues (both current and predicted) affecting the condition of the Natura 2000 features on the site. It outlines the prioritised issues that are currently impacting or threatening the condition of the features, and the outstanding actions required to address them. It also shows, where possible, the estimated cost of the action and the delivery bodies whose involvement will be required to implement the action.

The South Marine Plans will be available for public consultation later in 2016.

The RBMP focuses on the protection, improvement and sustainable use of the water environment.

Cross reference is made in the SEMS Delivery Plan to other plans where they are implementing actions required to comply with the Habitats Regulations 2010.

4 SITE CONDITION

The condition of component SSSIs of the SEMS is assessed by Natural England every six years on a rolling programme. The most recent site condition can be found on Natural England’s Magic Map 7 website.

During 2015-16 Natural England has reviewed, refined and tested their condition assessment methodology to provide more robust results. They will employ this methodology to start a rolling programme of marine feature condition assessments in 2016-17. Once the condition assessment has been completed it will be available on their Designated Sites System8.

Annual monitoring of activities by the MG aims to identify threats to site condition or, at worst, early signs of any deterioration, so that timely management action can be taken to avoid damage or further evidence can be collected. In this report, therefore, site condition is only referenced where further action is needed.

5 RISK CATEGORIES

Risk is often defined as the combination of the probability of an event and its consequences. Risk can be either positive or negative.

Where there is a sensitive receptor, the likelihood and severity (intensity level, duration etc) of each impact is analysed and evaluated. Thus risk is not only associated with the level of activity, but also with its likelihood and the severity of its impact. Paramotors are an example of where a low level of activity can nevertheless pose a serious risk at certain times and places.7 The MAGIC website provides authoritative geographic information about the natural environment from across government in an interactive map which can be explored using various mapping tools that are included.

8 NE’s Designated Sites System for Solent Maritime SAC is at https://designatedsites.naturalengland.org.uk/Marine/MarineSiteDetail.aspx?SiteCode=UK0030059&SiteName=&countyCode=&responsiblePerson=&unitId=

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Standard risk assessment aims to identify those risks with the greatest impact and the greatest probability of occurring – these are normally addressed first, and risks with lower probability of occurrence and lower impact or threat are handled in descending order.

In 2016 one activity has been highlighted for discussion to assess whether the Risk Category should be changed (see 6.3):

Littering – from low to medium risk

Blue font has been used in the relevant section to highlight where risk level is to be discussed.

Information on the impact of activities can be found in Natural England’s Conservation Advice (Advice on Operations - AoO)9 and also on the SEMS website activities pages10

It should be noted that the risk categories are being reviewed in 2016-17 to improve their alignment with NE’s new Conservation Advice packages.

9 AoO for Solent Maritime SAC https://www.gov.uk/government/publications/marine-conservation-advice-for-special-area-of-conservation-solent-maritime-uk0030059 AoO for Portsmouth Harbour SPA https://www.gov.uk/government/publications/marine-conservation-advice-for-special-protection-area-portsmouth-harbour-uk9011051/portsmouth-harbour-spa-site-information 10

SEMS website activities Information can be found at http://www.solentems.org.uk/sems/SEMS_Activities/

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6 ACTIVITIES AND ACTIONS FOR DELIVERY PLAN

Activities taking place across the SEMS were recorded in the SEMS Response Report 2016 which is available at http://www.solentems.org.uk/publications/. Reports of elevated or increased activity, with residual impact believed to be affecting the SEMS, were followed by one to one phone calls between the SEMS secretariat and RAs to determine whether or not the issue needs to be escalated for further investigation.

The findings for each activity, under the risk category (high, medium or low), are summarised in this report. For each activity of concern, the following are identified:

o issue/so evidenceo management and monitoring o action to be taken forward to the Delivery Plan

The eight activities where online monitoring indicated that levels have increased or remained elevated during 2016 are included in this report. They are:

o Access / Land recreationo Water sportso Fishing (Commercial including shellfishing)o Bait diggingo Agricultural run-offo Recreational boatingo Litteringo Navigation (Maintenance of infrastructure)

For five of the activities shown above in bold red font, there was considered to be a residual impact that may cause the condition of the SEMS to change. This red font is used in the relevant sections throughout this report.

Table 1 shows the monitoring results for the eight activities which increased or remained elevated.

The changes for each of these activities are summarised and the need for actions to reduce the impact on the SEMS is highlighted for each activity. The actions to be discussed and agreed at the SEMS meeting on 21st September 2016 can be found in the draft SEMS 2016 Delivery Plan11.

11 The draft SEMS 2016 Delivery Plan will be available at http://www.solentems.org.uk/publications/

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Activity and Tier Number of Authorities reportingIncrease Level remains elevated Decrease

Access/Land recreation 0 4 0

Fishing (commercial including shellfisheries) 0 0 2

Bait digging 0 1 0

Water sports (eg. hovercraft, kayaking and kite surfing) 1 1 0

Agricultural run-off 0 1 0

Recreational boating (power and sail) 0 2 1

Littering 1 1 0

Navigation (maintenance of infrastructure) 1 1 0

Table 1Changes in Activity Levels Identified in the SEMS Response Report 2016

Key

10

HIGH RISK ACTIVITIES

MEDIUM RISK ACTIVITIES

LOW RISK ACTIVITIES

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For more details, including for activities which remained at the same level in 2016 as in 2015, see the SEMS Response Report 2016.

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Access / Land Recreation

Issue

Four RAs reported that the of Access / Land Recreation remained elevated in 2016; three of these say this is due to levels of housing development that existed before 2012. One RA reports an assumption that the number of people using the footpaths around Chichester Harbour has increased due to new housing.

Three RAs (CHC, CDC and NE) who indicated that the level of access / land recreation remains elevated believe there is a residual impact on the SEMS resulting from this; 2 of these (CDC and NE) believe the elevated levels of ‘Access/Land Recreation’ activities may cause the condition of the SEMS to change, through impacts on feeding, breeding and non-breeding bird populations of the SPAs.

Evidence

The issue of impact from of disturbance due to access/land recreation at levels before 2012 is raised every year in the SEMS annual monitoring. Appendix 1 on Bird Disturbance in the Solent - An analysis of residual negative impacts on the Solent European Marine Sites, addresses this issue. It identifies some residual impacts of disturbance to birds, revealed within the Solent Disturbance and Mitigation Project (SDMP), that are not being specifically targeted by the Solent Recreation Mitigation Partnership (SRMP) Mitigation Package. It details the actions that are required within SEMS and that will be requested of and discussed with the SRMP.

Natural England's IPENS programme gathered information from around the English coast in a report12 entitled ‘Public access and disturbance theme plan’.

Management and Monitoring

Whilst the mitigatory effects of SRMP measures are as yet uncertain, the partnership is taking action strategically. The SRMP13 has appointed a project officer and a team of rangers to instigate initiatives for responsible dog walking and to encourage dog owners to go to less sensitive parts of the coast; however this scheme is only intended to mitigate for the recreational disturbance effect from new housing development. The Footprint Ecology SDMP Report 14 for the Solent

12 The IPENS reports can be found at http://publications.naturalengland.org.uk/category/5605910663659520 13 Details of the SRMP can be found at https://www.portsmouth.gov.uk/ext/community-and-environment/environment/solent-recreation-mitigation-strategy.aspx 14 Stillman, R. A., West, A. D., Clarke, R. T. & Liley, D. (2012) Solent Disturbance and Mitigation Project Phase II: Predicting the impact of human disturbance on overwintering birds in the Solent. Report to the Solent Forum.

6.1 High Risk Activities that have increased or remained elevated

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Disturbance and Mitigation Project (SDMP) showed that there was already an impact from recreational disturbance at 2012 housing levels which still needs to be addressed. The SDMP Report includes details of 29 coastal sections of the Solent EMS that already exceeded the threshold number of visits for impact on the SPAs in 2012. The SEMS MG consider that SRMP measures to reduce disturbance, including by influencing the behaviour of visitors, will also help to reduce disturbance due to pre-existing housing developments. The SRMP will monitor and track the implementation of mitigation measures to assess their effectiveness, but the results will not be known until the SRMP carries out full monitoring in five years’ time. The SRMP aims to finalise a definitive mitigation strategy by the end of 2017.

Several RAs said they have put in place management measures including wardens. CHC restored over 1km of coastal footpath around the harbour in 2015 to encourage walkers to stay on the footpath rather than walking on areas of intertidal. Natural England installed an automatic counter at Itchenor. Chichester Harbour Conservancy would like to install more counters within the harbour and this will be dependent on the availability of funding to monitor footpath usage. They have also erected 17 replacement information and interpretation boards across the harbour and will be putting in more through 2016.

Actions

It is proposed that SEMS RAs continue to strongly encourage those in their authorities who are responsible for implementing the SRMP measures to do so.

Appendix 1 shows that there are some residual impacts of disturbance to birds, revealed within the SDMP15, that are not being specifically targeted by the SRMP Mitigation Package. The actions that are required within SEMS and to be discussed with the SRMP are detailed below.

Land based disturbance prior to the SRMP – there is evidence in the SDMP that this has been adversely affecting some bird species notably Dunlin, Ringed Plover, Oystercatcher and Curlew in Southampton Water, and most probably Chichester Harbour. There are no current mechanisms to address this issue, however it is possible that the SRMP mitigation package may help mitigate this. This will be discovered through the SRMP monitoring programme. It is recommended that:

SEMS continue to assess evidence of a problem (SEMS Annual Monitoring)

In 2021 when the 5 year monitoring of the effectiveness of the SRMP is complete, an assessment is made whether the mitigation has been successful in not only mitigating new housing development in the Solent since the SRMP formed, but whether it also helped bring down the baseline disturbance that had previously occurred to sufficiently reduce harm to birds (SRMP monitoring 2021). SEMS to maintain awareness of the SRMP’s monitoring results and to act as necessary following its protocol16.

The 2012 modelling work indicated that there were impacts from disturbance, at least for Southampton Water. 15 SDMP Phase II Final Report http://www.solentforum.org/forum/sub_groups/Natural_Environment_Group/Disturbance_and_Mitigation_Project/SDMP_Phase2_report_Feb2012.pdf 16 SEMS Protocol for addressing issues is at http://www.solentems.org.uk/publications/SEMS_Protocol_October%202013.pdf

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The SEMS MG should maintain a precautionary approach, for example through supporting local neighbourhood planning committees such as that at Nutbourne which has promoted voluntary action.

Further actions already underway or being considered can be found in the Solent SIP17 which identifies Access / Land Recreation as a critical issue, as well as in the SEMS Delivery Plan.

17 The Solent SIP can be found at http://publications.naturalengland.org.uk/publication/4692013588938752

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Water sports (eg hovercraft, kayaking and kite surfing) 18

Issue

NE believe there is a residual impact on SEMS that may cause the condition of SEMS to change; their concern is that unmanaged water sports activities in sensitive areas impact on breeding and non-breeding bird features of the SEMS. On-going disturbance could impact on the features and sub-features of the SAC and SPAs, including sensitive habitats such as seagrass.

Natural England (NE) believe the level of water sports activities remains elevated due to a general increase in uptake caused by increasing accessibility and reduced costs of equipment. NE also reported unconsented water sports events being run in the Solent. The MMO do not have any powers to manage or regulate kayaking, paddle boarding or kite surfing. Harbour Authorities (HA’s) such as Lymington Harbour Authority may or may not have powers to regulate (manage) particular activities through byelaws/general directions. If they do not have such powers it becomes very difficult to ‘manage’ with voluntary measures such as codes of conduct, and in reality it is unenforceable if tested. In some cases HA’s may have to apply to Parliament for powers (either new Byelaws with a 10 year timeline, or more likely for powers of General Direction (minimum 12 months to obtain and expensive).

Evidence

Chichester Harbour Conservancy (CHC) reported a 7% increase in harbour dues purchased by kayaks and canoes in Chichester Harbour in 2015-16; these recorded numbers do not include day visitors.

Management and Monitoring

CHC have introduced two new management measures: a leaflet dedicated to paddle sports users (which can be found online here: http://www.conservancy.co.uk/assets/assets/CHC%20Paddle%20sports%20leaflet_LORES.pdf) and new signage and interpretation at tern nesting sites and wader roosts. Langstone Harbour Board produced a waterproof leaflet on kayaking in Langstone Harbour.

Action

NE and many RAs are part of the Solent Forum Natural Environment Group which set up a recreational focus group (RFG) in 2015 to look at potential actions and management measures to address disturbance from water sports. The RFG decided to target resources at developing information for paddlesports users to educate them on how to avoid disturbing birds. This copy will be circulated to all Solent RAs and they will be encouraged to include it in their existing print and digital material and signs.

18 Information on water sports can be found at http://www.solentems.org.uk/natural_environment_group/Activities/Watersports/

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MG to agree paddlesports guidelines, distribute the RFG’s advisory material and to improve awareness and understanding of the special nature and features of the sites’ wildlife

Appendix 1 shows that there are some residual impacts of disturbance to birds, revealed within the SDMP19, that are not being specifically targeted by the SRMP Mitigation Package. The actions that are required within SEMS and to be discussed with the SRMP are detailed below.

Water based activities – there is evidence that this activity, even prior to the new housing development that the SRMP package is designed to mitigate, was having an adverse effect on birds. The SRMP does not specifically target recreational water users. Recommended actions are therefore:

SEMS to seek to influence the SRMP definitive mitigation strategy (to be produced at end of 2017) to include some measures for additional water based activities that may arise (SRMP strategy 2016/17)

SEMS to continue to assess evidence of a problem (SEMS Annual Monitoring) SEMS / NEG and SRMP to discuss how or who will examine the results of the 5 year

monitoring scheme of the SRMP to look for any increase in water based recreational disturbance (horizon scanning) and consider whether additional monitoring is required by either SRMP or SEMS (SRMP Monitoring 2021)

SEMS / NEG to check up-take of disturbance messages produced by the SEMS/NEG Recreation Focus group on water based recreational disturbance, after 2016 (SEMS/NEG monitoring 2017)

Finally

CHC suggested that more could be done to link proactively across SEMS with other groups seeking to minimise disturbance (such as RSPB and BCU)

19 SDMP Phase II Final Report http://www.solentforum.org/forum/sub_groups/Natural_Environment_Group/Disturbance_and_Mitigation_Project/SDMP_Phase2_report_Feb2012.pdf

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Fishing (commercial including shellfisheries)

Issue

SxIFCA and SoIFCA both consider that there may be a residual impact from fishing activity that may cause the condition of the SEMS to change.

Evidence

Under the Government's revised approach to fishing within EMSs, the Inland Fisheries and Conservation Authorities (IFCAs) continue to assess all amber risk fishing activity20 / feature interactions.

Southern and Sussex IFCAs (SoIFCA and SxIFCA) both reported a decrease in the level of shellfish harvesting in 2015-16. The reduction is due to a number of factors including the introduction of a wide range of byelaws, decline in stocks, shellfish health classification restrictions, measures to manage sustainable dredging and increased enforcement presence by IFCA in the Solent.

Management and Monitoring

The IFCAs have, and continue to, introduce new byelaws and planned management measures that are preventative and which consider the effects of displacement. Management measures for red (high) risk activities have already been introduced following their assessment.

Action

Further planned measures will be introduced to ensure the requirements of Article 6 of the Habitats Directive will be applied to all fisheries in the SEMS, and these may bring about improvements in the condition of SEMS interest features.

All authorities with a fisheries remit, such as the MMO, to adhere to the Habitats Regulations and to be aware and take appropriate action to ensure fishing does not cause damage to the SEMS interest features, and that shellfisheries are properly managed. For example local authority Environmental Health Officers should ensure no shellfish are removed from unclassified beds.

20 Details of IFCA Management of Marine Protected Areas is at http://www.southern-ifca.gov.uk/management-of-mpas#european-marine-sites

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Bait digging

Issue

Several reports in the literature21 have shown that during the process of bait collection, by hand, mechanical digging or boulder turning, many animals and plants other than those being sought will be damaged and their population levels reduced.

Evidence

River Hamble Harbour Authority (RHHA) observed that this activity remains elevated across both banks of the Hamble Estuary. Overall, it appears at/near to similar levels to previous years, but RHHA has concerns regarding more intense efforts observed near Lincegrove & Hacketts Marsh. An increase in local awareness has resulted in an increase in reporting by locals, and these, together with RHHA observations, are being collated and sent to SoIFCA to help build an evidence base to support management measures

Management and Monitoring

During assessment of amber risks, bait digging/hand gathering over the intertidal mud of the SEMS was identified by SoIFCA22 as the activity interacting with the sub-feature and will have an adverse effect, and thus require a more detailed appropriate assessment. With these gear type/habitat combinations a requirement for further information and research has been identified and will be undertaken by SoIFCA.

Action

Further information gathering and research will be undertaken by SoIFCA

No further action is suggested, but keep a watching brief.

21 Impacts on non-target species at http://www.ukmarinesac.org.uk/activities/bait-collection/bc2_3_3.htm and Impact of bait collecting in Poole Harbour and other estuaries within the Southern IFCA District (Sarah Birchenough) at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/312998/fcf-baitcollecting.pdf 22 SoIFCA screening of Amber Risks http://www.southern-ifca.gov.uk/management-of-mpas

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Agricultural run-off

Issue

No specific change is reported, however poor water quality is an important issue in SEMS. Natural England (NE) note that levels of Dissolved Inorganic Nitrogen (DIN) and opportunistic macroalgae remain high in the estuarine water bodies of the Solent and many are not meeting Water Framework Directive (WFD) requirements for Good Ecological Status/Potential; failure to meet these standards will also result in a failure to meet Favourable Conservation Status for the European sites. The following water bodies / estuaries are particularly affected: Portsmouth Harbour, Langstone Harbour, Chichester Harbour, Hamble Estuary, Newtown Harbour, Eastern Yar, Western Yar, Wootton Creek.

Natural England believe there is a residual impact on the SEMS from agricultural run-off that may cause the condition of the SEMS to change.

Evidence

In 2014 the Environment Agency (EA) completed modelling of nutrient inputs to Solent Harbours to identify the main sources of nutrients, including agricultural run-off, and confirmed that agricultural diffuse pollution is a major source of nutrient enrichment in these coastal waters.

Management and Monitoring

In 2015 NE assessed the uptake and success of certain agricultural measures in reducing diffuse nitrogen pollution in the Solent area23. The EA are continuing to work with partners including NE to use these and other sources of information to help identify where to target land management issues.

The Solent Diffuse Water Pollution Plan24 is being updated by NE; the Test and Itchen Diffuse Water Pollution Plan has been developed. Diffuse Pollution is also being addressed strategically by NE’s Diffuse water pollution theme plan25. Actions in these plans identify ways to reduce nitrates in the relevant catchments and will benefit the Solent.

NE are managing agricultural run-off through Environmental Stewardship options and capital works, Catchment Sensitive Farming grants and farm advice.

23 NATURAL ENGLAND (2014) Solent Harbours Nitrogen Management Investigation. Report by ADAS for Natural England 31st March 2015 24 The Solent Diffuse Water Pollution Plan is at http://www.solentforum.org/resources/pdf/swqa/Solent%20DWP%20Plan%20FINAL%20-%20Dec%202010.pdf 25 http://publications.naturalengland.org.uk/search?q=diffuse+water+pollution&num=100

6.2 Medium Risk Activities that have increased or remained elevated

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The New Forest National Park Authority (NFPNA) assist with coordination of the New Forest Catchment Based Approach. This has included consideration and capital works to address diffuse pollution and agricultural run-off. NFPNA have provided advisory service to landowners to reduce activities that contribute to agricultural run-off.

Due to the lag time for DIN to move through the groundwaters from source to the Solent, it is anticipated that levels will remain elevated for many years to come. Furthermore, the reductions of DIN loads required to reduce macroalgae levels below the target required for Good Ecological Status/Potential cannot be achieved via existing measures. A nutrient management plan will be drafted for the Solent to help address this issue.

Action

Whilst the RAs in the SEMS MG are continuing to do all they can to control agricultural run-off, in the absence of funding and a major change of approach from government, all members of the MG should seek to ensure that the risks from diffuse pollution are taken into account in their authorities, for example to ensure that new housing applications take account of the levels of nutrients that would be generated in sewage disposed of into harbours. MG members should work with PUSH, NE, EA and Harbour Authorities to progress protection from diffuse pollution.

SEMS to maintain a watching brief on this issue because water quality is so important in the Solent.

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Recreational Boating

Issue

At or after their meeting on 21st September 2016 SEMS will consider a revised list of types of activity, and will assign a risk level to these, based on Natural England’s Conservation Advice. NE’s advice will inform what the issues are concerning recreational boating and other activities.

Evidence

Two RAs recorded a level of recreational boating that remained elevated in 2015-16: the Isle of Wight Council, as it is a famous sailing destination with international competitions throughout the year, and QHM as the Americas Cup Series commenced in 2015 in Portsmouth Harbour.

Chichester Harbour Conservancy (CHC) noted a 9.5% decline in recreational power vessels (RIB’s (Rigid Inflatable Boats), motor boats and tenders) from 2014 to 2015. The largest decline was in RIBs. There was also a 2% decline in recreational wind powered vessels between these years (yachts, dinghies, windsurfers and tenders). The largest decline was in yachts. Previously in 2015 they had reported an increase when comparing 2013 to 2014.

Management and Monitoring

Management measures in Chichester Harbour are similar to those for water sports, as described earlier in this report and also include navigational bulletins and their annual Harbour News which target mariners.

The Environment Agency has worked with The Green Blue and partners from around the Solent to deliver the Love Where You Sail project in 2015/16. The project tackles the risk to marine water quality resulting from inappropriate black water disposal from recreational boats, by informing the recreational boating community of the issue as well as promoting and facilitating good practice.

Action

No further action identified.

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Littering

Issue

SCC and LHB believe there is a residual impact on the SEMS from littering and that this may cause the condition of the SEMS to change.

SCC this year, and LHB for this year and also for the last two years, believe that the classification for littering should be increased from low to medium risk (see Section 5 Risk Categories).

Plastic litter is a highly persistent material that can remain in the marine environment for many years; it can cause damage to features of the SEMS through ingestion, entanglement or smothering. Plastic litter can also break down into particles tiny enough (microplastics) to enter the food chain. Features of the SEMS such as saltmarsh habitat can become smothered, and seabirds and other animals can become entangled by litter items or may ingest them.

A list of reports on the effects of plastic pollutants and micropollutants on wading birds and marine fauna and flora was attached to the minutes of the SEMS MG Group 2015 Meeting. Many of these publications are by universities around the Solent and are being followed up by local researchers. A report by Anthony Gallagher26 also identifies key local sources of microplastics.

Evidence

Southampton City Council (SCC) reported a significant increase in the level of littering at Chessel Bay on the Itchen estuary. In particular the number of large items had increased, including sections of pontoon, presumably due to winter storms. SCC has insufficient capacity to remove all items and these remain on the foreshore, blocking access to the mudflats until they break down. Smaller items such as plastics have also increased and SCC weighed the total litter collected.

Littering remained elevated in Langstone Harbour, having increased in the previous year. Langstone Harbour Board (LHB) recorded large amounts of litter, particularly plastic food and drinks packaging, that continue to wash up on to the strandlines around the harbour.

Plastic waste also enters Langstone Harbour from storm water discharges. Even when outfalls are functioning correctly the screening systems only remove particles larger than 6mm, therefore during storm events small plastic particles (deriving from sewage, and including micro beads and cotton bud sticks) are discharged into the harbour in large quantities. Plastic cotton bud sticks feature in every strandline in Langstone Harbour.

26 Microplastics in the Solent estuarine complex, UK: An initial assessment http://www.sciencedirect.com/science/article/pii/S0025326X15001903

6.3 Low Risk Activities that have increased or remained elevated

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Strandline litter surveys are carried out by RSPB and the Friends of Langstone Harbour within LHB's jurisdiction, and LHB assisted the RSPB with a survey of litter on two of the harbour islands. The survey uses MCS methodology and the data is submitted to the Marine Conservation Society as part of a national survey campaign. The RSPB survey began in late 2015, and aims to show trends of changes in litter as the dataset grows and is analysed. Evidence of litter is clear to anyone walking around the shoreline of Langstone Harbour and LHB has photos, in particular of sewage related litter items. Havant Borough Council also reported that a large amount of small pieces of plastics (including sanitary products) were present along the high water line of Hayling West.

The MCS Great British Beach Clean27 takes place annually at dozens of sites around the Solent; their annual report28 documents data from around the UK and their website clarifies the issues.

The government’s Environmental Audit Committee has called for evidence on the environmental impact of microplastics29. Key issues include: the scale, sources and consequences of microplastic pollution in the ocean; strategies for dealing with the problem; and the state of our knowledge on the issue. Its report is to be published on 24 August 2016.

Some of the mechanisms and pathways for impact continue to be investigated locally and nationwide in universities and the Solent Forum Natural Environment Group (NEG) is reviewing this work and the potential impacts of microplastics in the Solent. Details of this will be available shortly on the NEG web page on Littering30. Littering is a descriptor for the Water Framework Directive (WFD) and is also referred to in the Marine Strategy Framework Directive (MSFD).

Management and Monitoring

LHB continues to monitor strandlines following storm water discharges, informing both Southern Water and the regulator, the Environment Agency, of sewage related litter encountered. LHB also continues to promote free garbage and recycling facilities to all harbour users in order to reduce other sources of litter entering harbour waters.

Action

The issue of littering has been raised in successive years by the MG. It is a major issue that is being investigated by government, and a number of initiatives are underway and ongoing.

SEMS MG should monitor the effect/s of remedial measures and maintain a watching brief to enable other potential actions to be identified and pursued. Any further actions should be pursued wherever possible.

27 MCS Great British Beach Clean http://www.mcsuk.org/beachwatch/greatbritishbeachclean 28 Great British Beach Clean Report http://www.mcsuk.org/what_we_do.php/Clean+seas+and+beaches/Reports+and+downloads/Beachwatch+results+2015 29 Environmental impact of microplastics inquiry https://www.parliament.uk/business/committees/committees-a-z/commons-select/environmental-audit-committee/inquiries/parliament-2015/environmental-impact-of-microplastics-15-16/ 30 NEG web page on Littering http://www.solentems.org.uk/natural_environment_group/Activities/Litter/

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Action: NEG to target waterfront occupiers with information and advice on littering with existing leaflets or web links. This will involve identifying which businesses to target, eg polystyrene packaging users, marinas etc and how to target them eg directly and via fairs, Boat Show etc

Navigation (maintenance of infrastructure)

Issue

Any issues arising have been addressed through licensing procedures.

Evidence

An increase in maintenance of infrastructure took place in Langstone Harbour, which is largely self-scouring. A maintenance dredge of the channel entering Southsea marina in Langstone Harbour was scheduled for February 2016. The last maintenance dredge in this area took place approximately ten years ago. A piled navigational mark close to the harbour entrance was replaced following collision damage. The rolling programme of maintaining LHB’s navigational marks is continuing as normal.

The second phase of the Cowes outer harbour breakwater was completed in 2015 and phases one and two have led to a change in the infrastructure affecting navigation in the harbour. However the changes will not necessarily lead to an increase in activities in the SEMS.

Management and Monitoring

Any management or monitoring needs arising have been addressed through licensing procedures.

Action

No action required

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7 ACTIVITIES RESULTING FROM PLANS AND PROJECTS

This section of the SEMS Annual Monitoring Report 2016 is provided for information. Plans and projects are assessed under Part 6 of the Habitats Regulations 2010 and are not considered under the SEMS Management Scheme. Further information on licensed activities can be found in the MMO’s Marine Licensing Register31.

The Solent Recreation and Mitigation Strategy is being progressed and RAs are implementing appropriate avoidance strategies to reduce the impacts of plans, including residential developments. Many of these are listed in the SEMS Monitoring Response Report 2016 and the Delivery Plan 2016, together with other mitigation measures.

Natural England reported that consultations for plans / projects have been at a similar level and for a similar type of development as in previous years with ongoing high levels of development, particularly for housing and transport, in the Solent.

Members of the SEMS Management Group have been consulted on, or noted, the following plans or projects, many of which are extensive and may result in additional recreational and other demands in the SEMS:

The major capital dredge of Portsmouth Harbour and its Approaches is underway to enable access for the new, larger Queen Elizabeth Class carriers. The EA worked with relevant parties to ensure that risks to migratory fish and water quality will be well managed during the dredge.

The new Chichester Local Plan 2014-2029 has been adopted. Without the SRMP this would lead to an increase in recreational disturbance; but mitigation, through the Solent Recreation and Mitigation Partnership (SRMP), is in place.

Lymington Harbour Commissioners (LHC) are consulting on a possible future change to the mooring configuration in the Town Quay area. Although overall there will be a reduction in moorings, it is believed that by replacing some of the river moorings with walk ashore pontoon berths this will attract more visitors to the Lymington Harbour. This may not lead to an increase in leisure boating activity in the SEMS area as a whole, just a movement of some activity which might otherwise use other ports and harbours within the SEMS.

LHC are continuing to undertake a licensed 3 year Habitat Replenishment trial which involves the placement of dredged sediment from the harbour onto the Solent edge of the intertidal mudflat abutting the salt marsh just east of the river entrance. The purpose of the trial is to try and raise the intertidal mud level to provide more protection to the salt marsh behind from wind wave action, and thus reduce the rate of erosion.

Test Valley Borough Revised Local Plan DPD 2011-2029 was adopted in January 2016 - this provides for additional residential development over the plan period, which may increase recreational use of the Solent. Mitigation is being provided for through the SRMP.

Planning application reference number 13/01457/FUL (Portsmouth City Council) - Extension of Kendall's Wharf in Langstone Harbour - 50m extension to aggregate wharf on the western shore of Langstone Harbour plus capital dredge. Work still continues by the

31 MMO Register of Licence Information https://marinelicensing.marinemanagement.org.uk/mmofox5/fox/live/MMO_PUBLIC_REGISTER

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applicant to provide a mitigation plan for the habitat loss which will occur as a result of the proposed extension. Awaiting decision.

Planning application reference number 14/01664/FUL (Portsmouth City Council) - Construction of 30 dwellings at the former St James Hospital site in Langstone Harbour - applicant has put forward plans to enhance an existing green space (Milton Common) to remove the increased recreational pressure this housing development will cause upon the shoreline of Langstone Harbour. Awaiting decision.

The Eastern Solent Coastal Partnership has begun extensive works upon the sea defences along the eastern shoreline of Langstone Harbour. Habitat loss which will occur as a result of these works is being mitigated for by the removal of a derelict harbour quay. Works are being managed to minimise damage and disturbance to SEMS features. In progress.

Natural England are currently consulting upon plans within the Solent which form part of the England Coastal Path. It seems likely that the opening of this pathway, and associated promotion, will cause an increase in coastal recreation throughout the SEMS region. In progress.

In its role as local planning authority the New Forest National Park Authority (NFNPA) have permitted development of additional housing and implemented the SPA mitigation scheme.

NFPNA have also commenced pre-application advice with third parties proposing significant development at the coast which could result in increased recreational pressure and are in the process of working with applicants to secure appropriate mitigation.

A number of major planning applications which will result in significant numbers of new residential units are currently going through the planning process in Southampton. These schemes are likely to result in an increase in recreational activity at the coast.

RHHA are one of many consultees for housing estate developments in close proximity to Solent & Southampton Water SPA, but impacts being address through the SRMP.

Planning approvals: P/00886/15 - Approval of reserved matters on P/01485/14 TCP/25098/C for onshore elements for Perpetuus Tidal Energy Centre, St Catherine’s Point, Isle of Wight (IoW), including substation/ control room and associated parking, cabling and site levelling works. The MMO have also consented the offshore element of this work which is located within an SAC.

P/00274/15 - Variation of conditions 1 and 2 on P/00797/14 TCP/17577/R at Bembridge Point, IoW to extend the time limit up to 31st December 2019 and to extend the hours of operation to start at 0500 on specific dates.

P/00797/14 - Approved the continued use of land for storage, sorting and distribution of gravel and associated plant for a temporary period. This includes dredging operations in Bembridge Harbour to keep the harbour channel navigable.

P/01265/15 - Wightlink Car Ferry Terminal, Ryde, IoW. Proposed upper level loading ramp link span to include associated works (Further Environmental Information received relating to marine environmental impacts) (revised plans showing changes to pedestrian maintenance walkway and changes to redline site plan) (Readvertised).

P/00573/15 - Demolition of buildings outline for residential development of 128 units comprising a mixture of 1 2 3 and 4 bedroom dwellings 63 bed hotel (or 15 holiday units) provision of car park for Puckpool Park, Ryde, IoW; formation of new vehicular access works to existing access and landscaping (revised scheme). The scheme includes onsite recreation areas and green space.

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Maintenance of the Brading wetlands footpath, IoW. This work was assented by Natural England.

Completion of the Cowes Harbour Breakwater. The Cowes outer harbour breakwater project will change navigation within Cowes Harbour but will not necessarily lead to an increase in activities in the Solent European Site. All work associated with it is consented and consideration given to any potential impacts on the site.

The development of the Partnership for Urban South Hampshire (PUSH) Spatial Strategy through Fareham Borough Council’s (FBC) membership of PUSH - clarification provided by FBC: Fareham are a member of PUSH and PUSH published its Spatial Position Statement in June 2016. The Spatial Position Statement sets out the overall need and distribution of employment and housing development in South Hampshire until 2034. Although a non-statutory document, the PUSH Spatial Position Statement helps local authorities to address their duty to cooperate on strategic planning issues and set out an agreed position on strategic issues from which individual authorities cab develop their Local Plans.Clarification provided by Test Valley BC: PUSH is in the process of commissioning the production of an update to the Integrated Water Management Study – this study was referred to as something planned in the PUSH Spatial Position Statement.

Winchester City Council has submitted Local Plan Part 2 (site allocations) for examination to the Secretary of State. This plan will allocate new housing sites within an area which is likely to have a likely significant effect on the SEMS due to increased recreational activity (as advised by Natural England). Within this area, planning permission has now been granted for approximately 3,500 dwellings at North Whiteley.

Chichester Local Plan: Key Policies 2014-2029 was formally Adopted by Chichester District Council on 14th July 2015 and identifies strategic housing sites. These may result in increased visitor pressure & disturbance to SEMS, such as Chichester Harbour. Additionally, there are associated sewerage issues to address to mitigate impacts on Chichester Harbour. Proposals to improve the A27 around Chichester & associated junctions/local road network could impact on Chichester Harbour with regard to drainage (including River Lavant) & access issues.

The Portsmouth Capital Dredge Project has additional supporting works in regard to locating new navigation light piles both inside Portsmouth Harbour and at 3 locations outside.

The West Wight Coastal Flood and Erosion Risk Management Strategy, 2014-2016 is being developed by the Isle of Wight Council and the Environment Agency. It will identify preferred options to reduce future coastal flooding and erosion, and consider how these may be funded. The Strategy area covers the coastline from Freshwater Bay to East Cowes (including the towns of Freshwater, Totland, Colwell, Yarmouth, Gurnard, Cowes, East Cowes, and Newport Harbour). Work on the Strategy began in late 2014. A 3 month public consultation on the Draft Strategy was scheduled for Autumn 2015 and another for Spring 2016. The Strategy is due to be completed in 2016

Fareham Borough Council (and many other planning authorities in the region) are members of the Solent Recreation Mitigation Partnership which is a partnership of local authorities and other bodies which has prepared a mitigation strategy to provide protection to the Solent coast, and in particular from increased disturbance to waders and

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wildfowl within the Special Protection Areas from new housebuilding and recreational activity.

SoIFCA are a partner in the Blue Marine project to reseed the Solent with oysters; this will coincide with their spatial management of the fisheries in the area.

Wightlink have made planning applications for port works at Gunwharf Portsmouth and at Fishbourne. They were due to be considered on 30th March and 12th April 2016. The number of sailings Wightlink complete will not increase and they anticipate that the appropriate assessments will conclude "no adverse effect."

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8 MONITORING

The SEMS Response Report 2016 contains a useful section on all the monitoring being done, and planned, by relevant authorities in the SEMS. This was circulated to the SEMS MG on 2 June 2016 and a corrected version can be found on the SEMS web site32.

A separate summary of monitoring being undertaken in the SEMS in 2016 has been prepared and may assist future co-ordination and collaboration; entitled Monitoring Programmes being undertaken by relevant authorities in SEMS 2016, it is also available on the SEMS website26.

32 SEMS Reports can be found at http://www.solentems.org.uk/publications/

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9 OTHER ISSUES

In 2015 200 bags of rubbish were collected from around Chichester Harbour by volunteers; 64% of this was plastic, 13% was paper and the remainder was metal and other material.

Chichester Harbour Conservancy suggested a research project on ‘Monitoring disturbance to Seals from boat users in Chichester Harbour’. The rationale for this is that the principle haul-out site in the Solent for harbour seals is within Chichester harbour and over recent years it has been increasingly popular with visiting boats. The Solent Seal Observation Code of Conduct provides advice on how water users can reduce disturbance to seals when visiting the haul out site, but the effectiveness of this Code of Conduct is unknown.

ABP will be publishing a new Port Master Plan in 2016 illustrating how the Port may develop over the next 20 year timeframe.

The New Forest National Park Authority (NFPNA) support the recent initiative to engage stakeholders and coordinate activity around the Seaview 2027 strategy.

NFPNA are conscious of the English coastal path proposals coming forward shortly and may have a role in the future. That work will need to have close links with that of the SEMS and it may provide an opportunity for assessing whether legal controls are possible and feasible to control activities where they could be harmful (i.e. can they manage recreation effectively in practice).

Initiatives such as Solent Bird Survey are vital to providing evidence for the Solent, NFPNA regret that to date the Authority has been unable to provide support for the work but they are grateful for the work of those coordinating and undertaking surveys

Development of the Perpetuus Tidal Energy Centre at St Catherine’s Point, Isle of Wight has been consented. This project will conduct research into the provision of tidal forms of energy. Although consented this year, the project will not be in place for the 2016 monitoring year.

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APPENDIX 1

Bird Disturbance in the SolentAn analysis of residual negative impacts on the Solent European Marine Sites, Solent Forum, May 2016 (amended August 2016)

Purpose of this Paper

This note identifies some residual impacts of disturbance to birds, revealed within the Solent Disturbance and Mitigation Project (SDMP), that are not being specifically targeted by the Solent Recreation Mitigation Strategy (SRMP) Mitigation Package. It details the actions that are required within SEMS and the SRMP and will therefore be circulated to the SEMS Management Group and SRMP Project Board for approval.

Background

The Solent coastline provides feeding grounds for internationally protected populations of overwintering waders and wildfowl, and is also extensively used for recreation. In response to concerns over the impact of recreational pressure on birds within protected areas in the Solent, the Solent Forum initiated the Solent Disturbance and Mitigation Project (SDMP) in 2007 to determine visitor access patterns around the coast and how their activities may influence the birds. The project was completed in 2012 and the evidence showed some current impacts of recreational pressure causing adverse effects to birds and modelled the effect of planned increased housing and the resultant recreational pressure to find even greater predicted future recreational pressure that would have an adverse effect on waterbirds.

The project was conducted in phases. Phase I collated and reviewed information on housing, human activities and birds around the Solent, and reviewed the potential impact of disturbance on birds. Phase II has involved a programme of major new data collection to (i) estimate visitor rates to the coast from current and future housing, (ii) measure the activities and distances moved by people on the shore and intertidal habitats, and (iii) measure the distances and time for which different bird species respond to different activities. Phase III, resulted in an Avoidance and Mitigation Plan.

The work has been overseen by the Solent Forum Natural Environment Group, and was conducted in partnership with the local planning authorities that operate along the Solent coastline, Natural England, the Environment Agency, RSPB, and the Hampshire and Isle of Wight Wildlife Trust and others.

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Requirement for avoidance and mitigation

The SDMP produced an avoidance and mitigation plan to overcome the potential of adverse effects on the overwintering bird populations for which the SPA designations have been made. Whilst these measures could be put in place individually it was recognised by Natural England and Relevant Authorities that it would be best to take a strategic approach, especially for smaller developments and that that a strategy would be required to make sure that the avoidance and mitigation measures were implemented at a pace with the new occupancy of new development. Natural England were satisfied that they could approve new development on the basis that local planning authorities formed a consortium to put in place an interim framework for a strategic avoidance and mitigation package; and that as soon as possible work would be undertaken to develop a permanent package.

Solent Recreation Mitigation Strategy

An interim mitigation strategy named the Solent Recreation Mitigation Strategy (SRMP) has been prepared by the local authorities in collaboration with Natural England and key stakeholders, and implementation begun early 2015. The mitigation measures, which include on-site rangers amongst other measures, are being funded by financial contributions from housing developments. The initial £172 per dwelling developer contribution figure was updated to £174 on 1 April 2015, and to £176 on 1 April 2016 to take account of inflation. The first annual report on the implementation of the Interim Mitigation Strategy was published in October 2015. The aim is to finalise a definitive mitigation strategy by the end of 2017.

The local authorities and partner organisations have established the Solent Recreation Mitigation Partnership to coordinate implementation and monitoring of the strategy. The structure, management and political governance of the Partnership are set out in its terms of reference.

The Partnership comprises: Chichester District Council, East Hampshire District Council, Eastleigh Borough Council, Fareham Borough Council, Gosport Borough Council, Hampshire County Council, Havant Borough Council, Isle of Wight Council, New Forest District Council, New Forest National Park Authority, Portsmouth City Council, Southampton City Council, South Downs National Park Authority, Test Valley Borough Council, Winchester City Council, Natural England, the Royal Society for the Protection of Birds, Hampshire & Isle of Wight Wildlife Trust, and Chichester Harbour Conservancy.

Monitoring of disturbance

The SRMP have approved recommendations, based on advice from Footprint Ecology, on how to monitor the effectiveness of the SRMP mitigation package. The results of this will show whether the package is sufficient in its design and implementation to prevent adverse effects to birds from housing development occupied from early 2015. Whilst the SRMP is designed to mitigate for increased recreation to the coast (from land) from new housing and thus does not inherently cover any disturbance to birds that occurred before new housing development, nor disturbance

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from water based recreation, it is quite possible that the SRMP package may be successful enough to reduce land based disturbance that occurred before the new housing was built; this is because the mitigation measures does not specifically aim at people who are coming from the coast from new housing.

The SRMP agreed monitoring plan will take-place over a 5 year period until 2020/21 and includes a range methods including automated counters, car park counts, ranger data recording, visitor surveys, observation of disturbance, analysis of bird data, analysis of housing data and finally analysis of ranger activity.

Other monitoring that will take place during the period will be the Annual SEMS monitoring. This will show, amongst Relevant Authorities, whether there are still overall concerns about disturbance to birds; these results will be discussed annually in the Autumn amongst the Management Group.

Residual impacts of recreational pressure on Solent European Marine Sites

Water based recreational disturbance

The SRMP is designed to provide a mitigation package for land based recreation from pressure from housing development after 2015.

It is however possible that the housing development may bring about visitor pressure from water based recreational activities.

The SDMP research into bird disturbance from recreational activity on the Solent found that 71% of disturbance was caused by walkers (30%) and dog walkers (41%). Bird watchers, cyclists, joggers, and bait diggers were observed to create most of the remaining disturbance from the shore and inter-tidal zones (22%). Water-based activities (boats and canoes) created only for 4% of disturbance. Although this is a small figure, observational data revealed that the disturbance they create is much greater.

The SRMP recognises that this would justify the definitive mitigation strategy giving some attention to these recreational uses, proportionate to the likely small amount of extra water based pressure generated by new development. They have concluded that the mitigation measures should be kept modest and low cost and include speaking at recreational user group meetings, producing code of conducts in tandem with other groups. The Partnership will seek political endorsement of this approach in late 2016/early 2017. In addition, once the definitive mitigation strategy is adopted and assuming it includes some mitigation measures for the additional water-based activities which will arise from new housing, then the monitoring regime (discussed above) would logically be extended to include monitoring the effectiveness of water-based recreation mitigation measures. Currently the agreed monitoring package does include some horizon scanning which will pick up any emerging new/growing sources of disturbance which need to be mitigated. However, the SRMP envisages that horizon scanning for new/growing sources of disturbance matter will be part of the various monitoring surveys which it will undertake over the coming years. Indeed, the Invitation to Tender for one of the two surveys to be undertaken during winter 2016/17 will collect data on "numbers of people, dogs on/off lead, and activities on the shore (as viewed from vantage points at/near selected car parks".

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Meanwhile the SEMS Management Scheme have commissioned the Natural Environment Group to begin some work with Harbour Authorities in increasing awareness of the effects of water based disturbance on birds. In 2015/16 a small Recreation Focus Group was formed to design a set of messages regarding disturbance which can be used by Harbour Authorities in their harbour guides. The final messages will be agreed and sent to Harbour Authorities in 2016. It is recommended that the uptake of these messages is monitored after this.

Land based Disturbance prior to the SRMP

As stated above, the SRMP is designed to provide a mitigation package for land based recreation from pressure from housing development after 2015.

There is however evidence in the SDMP that the disturbance to birds, even before the new housing scenarios were modelled, was occurring and that birds were adversely affected.

The SDMP revealed that using current housing levels, 52 million household visits per year to the Solent coast were predicted (i.e. the shore from Hurst Castle to Chichester Harbour, including the north shore of the Isle of Wight). Using the housing data provided by local authorities, visitor numbers were predicted to increase by around 8 million household visits, to a total of 60 million, an overall increase of 15%. The Household Survey and Visitor model showed that disturbance caused by recreational activity at current levels of housing reduced the survival of Dunlin (approx 88% survival modelled), Ringed Plover (approx. 88% survival modelled), Oystercatcher (approx 98% survival modelled) and Curlew (approx. 98% survival modelled). A model for Chichester Harbour was built and this showed the food supply surveyed was not predicted to be able to support the majority of wading birds modelled. This implied that either the invertebrate survey underestimated the intertidal food supply, or that other food was available either terrestrially, or from neighbouring intertidal sites such as Langstone Harbour. Either way, if the data was correct, current disturbance would surely result in increased mortality to birds. Due to uncertainties with the Chichester Harbour invertebrate data, it was decided not to use the Chichester Harbour model to predict the effect of disturbance on the birds. Previous models of Brent Geese have predicted that the loss of terrestrial habitat typically has the highest effect on survival, and so such habitat is predicted to be particularly important for the birds.

Recommendations

This note shows that there are some residual impacts of disturbance to birds, revealed within the SDMP, that are not being specifically targeted by the SRMP Mitigation Package. The actions that are required within SEMS and the SRMP are detailed below. This note will therefore be circulated to the SEMS Management Group and SRMP Project Board for approval.

Water based activities – there is evidence that this activity, even prior to the new housing development that the SRMP package is designed to mitigate, is having an adverse effect on birds. The SRMP does not specifically target recreational water users. Recommended actions are therefore:

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SEMS to seek to influence the SRMP definitive mitigation strategy (to be produced at end of 2017) to include some measures for additional water based activities that may arise (SRMP strategy 2016/17)

SEMS to continue to assess evidence of a problem (SEMS Annual Monitoring)

SEMS / NEG and SRMP to discuss how or who will examine the results of the 5 year monitoring scheme of the SRMP to look for any increase in water based recreational disturbance (horizon scanning) and consider whether additional monitoring is required by either SRMP or SEMS (SRMP Monitoring 2021)

SEMS / NEG to check up-take of disturbance messages produced by the SEMS/NEG Recreation Focus group on water based recreational disturbance, after 2016 (SEMS/NEG monitoring 2017)

Land based disturbance prior to the SRMP – there is evidence in the SDMP that this has been adversely affecting some bird species notably Dunlin, Ringed Plover, Oystercatcher and Curlew in Southampton Water, and most probably Chichester Harbour. There are no current mechanisms to address this issue, however it is possible that the SRMP mitigation package may help mitigate this. This will be discovered through the SRMP monitoring programme. It is recommended that:

SEMS continue to assess evidence of a problem (SEMS Annual Monitoring)

In 2021 when the 5 year monitoring of the effectiveness of the SRMP is complete, an assessment is made whether the mitigation has been successful in not only mitigating new housing development in the Solent since the SRMP formed, but whether it helped bring down the baseline disturbance that had previously occurred to sufficiently reduce harm to birds (SRMP monitoring 2021). SEMS to maintain awareness of the SRMP’s monitoring results and to act as necessary.

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APPENDIX 2

COMMENTS RECEIVED ON THIS REPORT

The following comments were received:

Karen Eastley, Test Valley Borough Council, 7 September 2016

Referring to Section 7 ‘OTHER ISSUES’ on page 29:

A minor matter, in relation to section 7, I wonder if there might be an advantage to re-ordering some of the bullet points to group by topic – for example within the list there are references to various planning policy documents (Test Valley, Winchester, Chichester), a number of planning applications and the work on the PUSH Spatial Strategy (which covers more authorities than Fareham) all of which link back to the SRMP work.(Note – this will be done in future reports)

Deb Salmon, EBC, 30 September 2016

1 Referring to the third bulleted action point on page 12 for Access / Land recreation:

You need to be very careful about relying on the SRMP to mitigate existing pressure this is not its function. I would be concerned if this was placed in the report as it would be open for developers to challenge the level of mitigation as mitigation is only supposed to alleviate additional impact not existing. Although wardening may have some impact on existing users I feel SEMS needs to set up alternative measures to deal with this. I feel very strongly about this and would like to discuss further with NE and EA.

2 Referring to Water sports (eg hovercraft, kayaking and kite surfing), on page 15 Deb suggested an additional action:

SRMP rangers to work with water sports in 2017 to reduce impact and devise codes of conduct

3 On page 18 Deb suggested renaming the Activity Agricultural run-off as Agricultural run-off and WWTW emissions

4 Additional text was proposed under Agricultural run-off on page 19 as follows:

There is a significant and concerning issue in relation to the WWTW discharge within both Peel Common on Chickenhall and the WWTW that discharges into the Test. There are serious concerns regarding the growth of green algal mats on the Solent foreshore which will suffocate the inverts within the mudflats. The EA have tested and found human excrement on the foreshore so although it is acknowledged that some pollution is due to agricultural runoff, scientific tests show some is due to WWTW.

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Due to the high likelihood of significant impacts the EA and NE have issued an ultimatum to both the water companies and the LA’s in respect of the Solent and the rivers Itchen Hamble and Test and a detailed investigation is underway commission by PUSH known as the Integrated Water Management Strategy. This will focus on water quality and could mean that both treatment works are at capacity and water will need to be diverted across County. This is the worst case scenario.

If solutions are not found the Statutory Agencies are likely to object to Local Plans and applications in affected areas.

Action the PUSH integrated water management strategy to be monitored by SEMS and any recommendations included within the relevant reports

5 An addition to ‘ACTIVITIES RESULTING FROM PLANS AND PROJECTS’ on page 27 was proposed:Eastleigh Borough Council has permitted various housing applications including a strategic site for 1000 at Chestnut Avenue Eastleigh. Recreational pressure is being mitigated via the measures within the Solent Disturbance Mitigation Strategy and an extensive GI.

6 Addition to ‘OTHER ISSUES’ on page 29: The review of the Brent Geese and Wader Strategy this winter will provide evidence of

supporting habitat adjacent to the SPAs

Comments received 27 August 2016 from SSG Member From Alan Deeming, Member Angling Trust's national Conservation & Access Group and Secretary Bembridge Angling Club

A few comments relating to my representation of the interests of recreational sea anglers:-

Comment 1: With regard to Kayaking, there has been an explosion in the use of kayaks close inshore by recreational sea anglers in recent years to the extent that one new national sea angling magazine contains a specific section for that sector.

Means of engagement with anglers could, therefore, usefully include via Southern IFCA, Angling Tackle shops, Angling publications in addition to those referenced in the report. Response: Thank you for your suggestions

Comment 2: Red Funnel ferries have apparently put in an appeal against refusal of their planning application to the IW Council for re-development of their East Cowes terminal. TCP/32391 - P/01065/15

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One of the aspects of this application is to deny access to the only currently useable public slipway on the east side of Cowes harbour.

Their application includes a report that suggests developing a new slipway outside of the old existing breakwater but this would involve transit over a seagrass bed that is currently the subject of a byelaw (Southern IFCA) that prevents damaging activity in this area.No MMO licence application has been submitted for this yet as it would depend on the land based planning application being granted.There does exist a significant potential risk to the protected seagrass bed if the current proposed alternative site for a public slipway were to be implemented.

Comment 3: Defra has designated certain activities as being amber risk in relation to intertidal mud flats.The HCA has gained approval to build a large marina within Cowes harbour on the East Cowes side inside the main old breakwater.

I am surprised that this has not been mentioned in relation to the comments about the new outer breakwater which has allowed this further development to become feasible.This will involve the removal of a considerable area of intertidal mud (disposal per MLA/2013/00216/2) most of which lies within the SEMS

I can find no reference to any mitigating action to provide compensating mud in replacement of that to be lost.

This is in addition to the consequential loss of access for angling, which is of course outside the remit of this report.

I can only find IW planning application TCP/32737 - P/00941/16 relating to this at present. Page 31 includes the paragraph

The SDMP research into bird disturbance from recreational activity on the Solent found that 71% of disturbance was caused by walkers (30%) and dog walkers (41%). Bird watchers, cyclists, joggers, and bait diggers were observed to create most of the remaining disturbance from the shore and inter-tidal zones (22%). Water-based activities (boats and canoes) created only for 4% of disturbance. Although this is a small figure, observational data revealed that the disturbance they create is much greater. I am concerned at the inclusion of the last sentence. If the observational evidence was of sufficient validity then why was it not incorporated in the SDMP report? If it was not of sufficient validity then what is the justification for including the comment in this report?

Response to Comments 2 and 3:These comments both refer to plans or projects and are dealt with under Regulation 61 of the Habitats Regulations 2010. SEMS is concerned primarily with unregulated activities. Information on marine licences can be found in the MMO’s Public Register at https://marinelicensing.marinemanagement.org.uk/mmofox5/fox/live/MMO_PUBLIC_REGISTER

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With regard to disturbance caused by water based activities, the original remit for the SDMP studies was extensive and the outcomes were not known until after the research had been done. It was decided to focus on the most important areas for disturbance between MHWM and MLWM to keep the work manageable. Now that the Solent Recreation Mitigation Partnership (SRMP) is in place, they have concluded that the mitigation strategy should give some modest and low cost attention to water based recreational uses, and The Partnership will seek political endorsement of this approach in late 2016/early 2017. In addition, once the definitive mitigation strategy is adopted and assuming it includes some mitigation measures for additional water-based activities which will arise from new housing, then the SRMP monitoring regime would logically be extended to include monitoring the effectiveness of water-based recreation mitigation measures.

Comment 4:

Is Bembridge Harbour Authority not consulted regarding this report? They do not appear in the list on page 34.

Response:Bembridge Harbour Authority are no longer members of the SEMS Management Group, they ceased membership in 2014.

Summary of comments from Emma Barton, RYA, 14 September 2016The RYA submitted their extensive comments as ‘Track Changes’; they have been summarised below by the SEMS Secretariat for logistical reasons.

Extracts from the SEMS Annual Monitoring Report (this report) are given in italics

OVERALL COMMENTS

Much of the responses are anecdotal

No supporting evidence of impact on the site –changes suggested eg SEMS to continue to assess if there is evidence of a problem Insertion into text suggested: … set up a recreational focus group (RFG) in 2015 to look at potential actions and

management measures to address potential disturbance from water sports … Recreational Boating - Evidence

… there are more accurate surveys that could be used here – Boaters and Boat Owners Survey, British Marine Industry Trends and the National Watersports Survey, all of which have regional statistics for the south.

Water based activities – there is evidence that this activity … was having an adverse effectWould be helpful to reference this evidence?

Not benchmarked by surveys such as the Watersports Participation Survey

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SEMS will consider a revised list of types of activity, and will assign a risk level to these …Engagement with RYA in this process?

MORE SPECIFIC

OTHER PLANS IN THE SEMS REGION (p3)Has SEMS report been reviewed in light of the updated RBMP?

Water sports (eg hovercraft, kayaking and kite surfing (p 14) MG to agree paddlesports guidelines, distribute the RFG’s advisory material and to improve awareness and understanding of the special nature and features of the sites’ wildlifeRYA experience - produce articles that could easily be dropped into magazines, and full page graphics that could be inserted into harbour guides. These were regularly published

Recreational Boating - Management and Monitoring (p20) - Insertion into text suggested:

The Green Blue also provides practical advice and information to help recreational boaters to think and act in an environmentally conscious way. Its objectives are to raise environmental awareness amongst industry and users, to reduce harmful discharges, to reduce environmental disturbance; and to encourage sustainable choices. The overall aim of the project is to work towards promoting a sustainable boating community and safeguard the waters and habitats for the future. The Green Blue supports clubs and training centres by helping them understand and comply with environmental legislation. The Green Blue Team offers site audits to help identify areas for environmental improvement, in particular around waste management and resource efficiency. The Green Blue website contains a broad range of information including a selection of free, downloadable posters and leaflets.

Indented Comments below to be dealt with outside the meeting in discussion with RYA

ACTIVITIES

Is there a definition of the activity categories anywhere e.g. what is included in water sports Commercial shipping not mentioned in list of activities - is it included in ‘Navigation’?

Access / Land RecreationNo mention of the England Coast Path and what impact this may have

Water sports (eg hovercraft, kayaking and kite surfing)NE also reported unconsented water sports events being run in the Solent. Which consent is this referring to? – Ask Graham after the meeting

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… level of recreational boating that remained elevated … Contradiction – remained stable or increased?

Littering

… the number of large items had increased, including sections of pontoon, presumably due to winter storms.Is this littering?

The government’s Environmental Audit Committee has called for evidence on the environmental impact of microplasticsWill need an update post Gov decision to ban.

Littering is a descriptor for the Water Framework Directive (WFD) and is also referred to in the Marine Strategy Framework Directive (MSFD).Comment on accuracy:No it isn’t – litter is only a descriptor for MSFD which applies to marine waters (not estuaries) and is not mentioned in WFD.

Navigation (maintenance of infrastructure)

Does this include shipping?

ACTIVITIES RESULTING FROM PLANS AND PROJECTS (p24)

Further information on licensed activities can be found in the MMO’s Marine Licensing Register.Additional informationAnd are also mapped on the Marine Information System.

OTHER ISSUES (p24)

In 2015 200 bags of rubbish were collected from around Chichester Harbour by volunteers; 64% of this was plastic, 13% was paper and the remainder was metal and other material. Move this into ‘Littering’ section

Chichester Harbour Conservancy suggested a research project on ‘Monitoring disturbance to Seals from boat users in Chichester Harbour’. The rationale for this is that the principle haul-out site in the Solent for harbour seals is within Chichester harbour and over recent years it has been increasingly popular with visiting boats. The Solent Seal Observation Code of Conduct provides advice on how water users can reduce disturbance to seals when visiting the haul out site, but the effectiveness of this Code of Conduct is unknownNot relevant for this report. As discussed, we are looking at new guidance on wildlife, however there is also the WISE scheme if these are wildlife cruises.

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The New Forest National Park Authority (NFPNA) support the recent initiative to engage stakeholders and coordinate activity around the Seaview 2027 strategy.This is an EA/Defra project, probably fits better in the water quality section.

NFPNA are conscious of the English coastal path proposals ….. Access section?

Development of the Perpetuus Tidal Energy CentreAlready mentioned above (on p 25 under ACTIVITIES RESULTING FROM PLANS AND PROJECTS)

APPENDIX 1Bird Disturbance in the Solent. An analysis of residual negative impacts on SEMSWater based recreational disturbanceWater-based activities (boats and canoes) created only for 4% of disturbance. Although this is a small figure, observational data revealed that the disturbance they create is much greater.

Unclear what this means.

Minor commentsSome updated links to reports

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APPENDIX 3Relevant authorities and abbreviations

Authority CodeAssociated British Ports ABPBeaulieu River Management BRMChichester District Council CDCChichester Harbour Conservancy CHCCowes Harbour Commissioners CoHCEastleigh Borough Council EBCEnvironment Agency EAFareham Borough Council FBCGosport Borough Council GBCHampshire County Council HCCHavant Borough Council HBCIsle of Wight Council IoWCLangstone Harbour Board LHBLymington Harbour Commissioners LHCMarine Management Organisation MMONatural England NENew Forest District Council NFDCNew Forest National Park Authority NFNPAPortsmouth City Council PCCPortsmouth International Port PIPQHM Portsmouth QHMRiver Hamble Harbour Authority (Hampshire County Council) RHHASouthampton City Council SCCSouthern Inshore Fisheries and Conservation Authority SoIFCASouthern Water SWSSussex Inshore Fisheries and Conservation Authority SxIFCATest Valley Borough Council TVBCTrinity House Lighthouse Service THLSWest Sussex County Council WSCCWightlink WLWinchester City Council WCCYarmouth Harbour Commissioners YHC

CONTACTSolent European Marine Site Secretariat, The Solent Forum, Hampshire County Council, Elizabeth II Court West The Castle, Winchester, SO23 8UD Telephone 01962 845011 / 846027 Email [email protected]

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