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Extension of Bempton and Filey SPA's by Natural England

Discussion in 'Sea Fishing Forum - Shore, Boat & Kayak Fishing' started by K10, Feb 19, 2014.

  1. K10

    K10 Whitby Fishing Forum _ Simply The Best

    Bempton Cliffs

    Not sure how many clubs are aware of the ongoing consultation that ends in mid April about the extension of current SPA's at Filey and Bemo 2km out to sea.


    The extension isnt about banning angling but agreeing codes of conduct for the areas involved.

    Martin Kirby has offered to hold a consultation meeting with interested parties who want to raise their concerns alternatively you can ask individual questions and put you points across on some of the link.

    The extension of the SPA's isnt just about shore anglers, it will affect boat and kayak anglers and other recreational and professional users.

    Please ensure local clubs with an interest in the two areas shown in the maps are aware of the consultation as any codes of conduct will be agreed between them and relevant authority.
  2. Baramundi Bob

    Baramundi Bob Super Leeds United !!!

    For the lay person could you explain what an SPA is and give some background on the current situation and what is proposed for the future.
  3. Capt Caves Man

    Capt Caves Man Whitby Fishing Forum _ Simply The Best

    Just read some of the documentation most of it difficult for me to understand. The only thing I can work out is the voluntary agreement regarding fishing may be redrafted to what, who knows. Certainly nothing specific in the documents infact nothing specific about anything in the documents.
  4. Slim Jim

    Slim Jim Blenny

    Found this bit which sounds hopeful.

    Additional management: the IA has identified the following categories of activities that occur within or adjacent to the area covered by the SPA extension: recreation; commercial fishing, transit of commercial and recreational vessels; research and education. Assuming that these activities continue at their current levels, none are likely to be impacted on negatively by the pSPA.
  5. wec

    wec Nunc est biben dum

    bempton is already an spa glen(special protected area),natural england want to extend it to flamborough and filey up as far as cayton bay and 2 km out to sea.
    its generally about disturbing the birds,any activies doing this will be stopped by introducing bye laws
    rspb are behind this again,i hate them with a vengence,but i love birds ,bloody local twitchers will be laid in the long grass again with their binocks watching your every move in the future
  6. Tricky

    Tricky Bill and Ben were Fishermen

    The designation, monitoring and review of Special Protection Areas (SPAs) are the responsibility of the Joint Nature Conservation Committee (JNCC) who are the public body that advises the UK Government and devolved administrations on UK-wide and international nature conservation. You can read all about them at http://jncc.defra.gov.uk/default.aspx?page=1729.

    According to them "Special Protection Areas (SPAs) are strictly protected sites classified in accordance with Article 4 of the EC Birds Directive, which came into force in April 1979. They are classified for rare and vulnerable birds (as listed on Annex I of the Directive), and for regularly occurring migratory species. The European Commission's website hosts a full copy of the EC Directive on the conservation of wild birds (79/409/EEC), within which all the Articles and Annexes (including amendments) are given, along with useful interpretation information. JNCC has prepared an Index to key rulings of the European Court of Justice relating to the selection, classification and management of SPAs under Article 4 of the EU Birds Directive." (Ref JNCC http://jncc.defra.gov.uk/page-162)

    The JNCC describe their role as acting "on behalf of the statutory conservation agencies and associated government departments by collecting information on designated sites for nature conservation in the UK and the Overseas Territories and Crown Dependencies. We also assist in the interpretation of criteria for site selection and in forming guidelines to aid that process." (Ref JNCC http://jncc.defra.gov.uk/page-4)

    Essentially the SPA is to protect rare and vulnerable birds. This extends to their nesting, habitat etc. So although fishing in the form of angling may not come into direct conflict with the birds per se within its designated SPA, the actions of anglers in moving in and around the habitat found within the SPA could be seen as having an indirect impact on the said birds. For example wandering across fields to access a popular fishing mark could lead to the destruction of specific flora etc which said birds are know to only nest in. Obviously there are many other factors and arguments that could be put forward.

    The area is already classified as an SPA and you can view the current JNCC SPA data form for Flamborough Head and Bempton Cliffs at http://jncc.defra.gov.uk/pdf/SPA/UK9006101.pdf

    From this classification data sheet the SPA was designated due to the areas use as breeding ground for Black-legged Kittiwake Rissa tridactyla and you can read more about it at http://www.birdlife.org/datazone/speciesfactsheet.php?id=3255

    I think mention of this was made in all the public consultation stuff ongoing. What caught my eye is the mention that the review leading to an extension of the SPA in terms of birds designated and the area encompassed could trigger interest in reviewing the area with consideration of designating it as a Site of Special Scientific Interest (SSSI) as well. If that happens the traditional activities carried out in this area will be curtailed by the introduction of laws aimed at protecting these areas.

    As a side note. A lot of this activity is derived by the UK's requirement to comply with EU directives over the years. Interestingly the EU finally admitted they got the common fisheries policies wrong but no harm - according to them- and they are reviewing the whole process with consultation upon the matter ongoing (REF EU Reform of Fisheries Policy http://ec.europa.eu/fisheries/reform/background/index_en.htm). Alas we all know how the UK fishing fleet and fisheries fared as a result of the old EU Common Fisheries Policy.
  7. K10

    K10 Whitby Fishing Forum _ Simply The Best

    Extract of Questions and Anwers already asked and replied too

    Frequently Asked Questions
    Consultation on Flamborough and Filey Coast potential Special Protection Area (pSPA) and Flamborough Head possible Special Area of Conservation (pSAC)
    We have tried to answer some of the most likely questions relating to the above consultation. If you have any further questions please get in touch using our email address: northernnorthseaspa@naturalengland.org.uk
    1. What are Special Protection Areas (SPAs) and Special Areas of Conservation (SACs)?
    SPAs and SACs are designated under European laws to protect Europe's rich variety of wildlife and habitats. All European Union member states are required to designate SPAs and SACs and ensure they are properly looked after to protect their biodiversity. Together, SPAs and SACs make up a series of sites across Europe, referred to collectively as Natura 2000 sites. In the UK they are also known as European sites. SPAs are designated under the European Commission's 'Birds Directive' to protect wild birds and their habitats. SACs are designated under the 'Habitats Directive' to conserve habitats and species other than birds that are important in their own right.
    There are more than 320 Natura 2000 sites in England, nearly 900 in the UK and more than 25,000 throughout Europe. These sites vary in size from a few hectares to hundreds of square kilometres, and protect a huge range of species and habitats, covering moorlands, forests, grasslands, rivers and lakes, bogs, estuaries and other wetlands, and many coastal and marine habitats. Some sites include habitats such as disused quarries, canals and buildings which sustain important wildlife populations.
    The Natura 2000 network has been largely completed on land and we’re now catching up on identifying sites in the marine environment to protect a variety of habitats and species including sea birds. Some of these birds migrate thousands of miles and their important breeding, feeding and stop off points at different times of year need to be protected all along the route.
    The UK Government has asked Natural England to identify a network of SPAs in the marine environment by the end of 2015.
    2. Why is there a need to protect birds through SPAs when they are present in large numbers?
    SPAs offer protection to the most important places for rare and vulnerable birds (listed on Annex I of the Directive) and regularly-occurring migratory birds.
    The Flamborough and Filey area supports a large and internationally important number of seabirds that migrate to the area every year to breed. Few locations support the number and variety of seabirds as Flamborough, so it is critical that such places are protected. As well as
    supporting over 200,000 breeding seabirds, the Flamborough and Filey area hosts the largest colony of black-legged kittiwake in the UK, the second largest of razorbill and the only gannet colony in England.
    3. Can you explain the difference between an SPA, SAC, SSSI and an MCZ?
    They are all acronyms for different kinds of sites which protect different habitats or species.
    - Special Protection Areas (SPA) protect areas which support significant populations of rare, vulnerable and migratory bird species of European importance.
    - Special Areas of Conservation (SACs) such as the Flamborough Head SAC protect habitats and species (apart from birds) of European importance.
    - Sites of Special Scientific Interest (SSSI) sites are notified to protect the best examples of the UK's plants, animals or geological features. They are primarily land-based, but some sites extend below the low water mark.
    - Marine Conservation Zones protect nationally important seabed habitats and associated species.
    Further information on the different nature conservation designations can be found at: http://www.naturalengland.org.uk/ourwork/conservation/designations/default.aspx
    4. Why are you increasing the size of the SPA along the cliffs?
    Regular bird counts carried out by RSPB have shown that there are large seabird colonies between Filey Brigg and Cunstone Nab that fall outside of the boundary of the existing Flamborough Head and Bempton Cliffs SPA, which was classified in 1993. The cliffs at Filey hold both high densities of seabirds and a diverse range of species. We are extending the boundary to give the same protection to these birds too.
    We have also reviewed the landward boundary of the existing Flamborough Head SPA to ensure that the boundary of the site will continue to protect the SPA’s features in the face of likely coastal change in the next 50 years, and have taken a similar approach for the extension at Filey. In order to be able to draw an appropriate landward SPA boundary, we commissioned a survey from an expert in the field of geomorphology to advise us on coastal recession. The predicted coastal recession rates reflect differences in geology and exposure to the elements along the coastline. We have used this survey, combined with mapping from site visits, to draw a boundary which we have confidence will be robust for at least fifty years to ensure the SPA features remain protected into the future.
    It is important to note that the landward boundary of the SPA is not our prediction of where the coast will be in 50 years’ time. After the work described above was completed, we then used fixed visual points, such as tracks and field corners, to define the SPA boundary so that everyone can understand where the edge of the SPA is located. In some cases this means we have included areas further inland than the potential extent of future changes to the coastline.
    5. Why are you extending the SPA out to sea?
    The proposals include new stretches of cliff top at Filey (from Filey Brigg to Cunstone Nab) and extend out in to the sea for 2km from the existing SPA at Flamborough Head and the new stretch at Filey.
    Many seabirds nest on tiny narrow ledges, and they tend to use the sea in front of the cliffs in large numbers in order to rest, bathe and preen their feathers - essential activities for birds that use the marine environment. The Joint Nature Conservation Committee (the UK-wide body that co-ordinates drawing up suggestions for new SPAs) has studied their behaviour at several UK colonies and found that guillemot and razorbills stay closer to shore so only need a boundary of 1km, whereas northern gannet and northern fulmar go further out to sea and require protection out to 2km. As we have gannets and fulmars in significant numbers at Flamborough we have set the extension out to sea at 2km.
    6. Can you use survey information collected on seabirds using the waters around other seabird colonies and draw conclusions regarding how they use the waters around Flamborough and Filey?
    Yes, you can. JNCC carried out a lot of detailed survey work at several UK seabird colonies between 2001 and 2003 to observe how birds use the sea for activities like preening, resting and bathing. They found that birds behaved in a very similar way at each colony, so we have confidence in following JNCC’s recommended marine extension here at Flamborough and Filey. Scottish Natural Heritage (our equivalent organisation in Scotland) have already used the JNCC recommendations on over 20 marine SPA extensions, including colonies that were not part of the 2001-2003 survey programme.
    7. What difference will it make to my house and garden if they are included within the boundary of the SPA?
    In the majority of cases the inclusion of your house and garden in the SPA is unlikely to affect how you use or enjoy your property, as these activities are unlikely to affect breeding seabirds on the cliff tops or cliffs.
    8. Will the SPA impose any restrictions on building extensions?
    You will need to apply for planning permission in the normal way, but it is unlikely that the SPA would affect any decisions made by the local planning authority on an extension to an individual property.
    9. How will the SPA affect how I farm my land?
    In the short to medium term, we may not require any changes to your land management. In time, when the coast erodes and the cliff recedes further on to your land, we could potentially approach you to discuss management with a view to allowing a margin of land to revert to grassland or low intervention management. The intention of this would be to allow vegetation associated with the maritime influence to spread to the grassland margin further
    away from the eroding cliff, before this cliff top species rich grassland falls into the sea. We will always try to agree or negotiate a practical and realistic approach to your proposals.
    10. How might this SPA affect fishing in Filey Bay? And what about other areas within the SPA?
    There is already a byelaw and a Net Limitation Order in place within Filey that regulates the salmon and sea trout fishery in this area, and this has already taken into account the number of seabirds that nest on the cliffs that we are proposing adding to the SPA. This should mean that there should be no further management restrictions to this fishery.
    The Impact Assessment indicates that commercial and recreational fishing at their current levels are not likely to require additional management as a result of the marine extension. The IA does recommend that the existing Flamborough Head European Marine Site Management Group works with all sea users to develop a voluntary Code of Conduct for the new marine areas – a similar Code of Conduct is already in place for the waters around Flamborough Head. More generally, Natural England has worked with the Inshore Fisheries and Conservation Authority and fishermen to find solutions that allow activities to continue whilst also protecting the interest features of sites.
    11. Will potting and crabbing be allowed within the marine extensions?
    Yes. The work to inform the Impact Assessment indicates that potting and crabbing at their current levels are not likely to require additional management as a result of the marine extension. The IA does recommend that the existing Flamborough Head European Marine Site Management Group works with all sea users to develop a voluntary Code of Conduct for the new marine areas – a similar Code of Conduct is already in place for the waters around Flamborough Head.
    12. Are you extending the SPA into the marine environment instead of creating a new Marine Conservation Zone?
    Marine Conservation Zones are designated to protect nationally important seabed habitats and associated species. Irrespective of any future decisions on the MCZs submitted to government by the Net Gain project, such as the Castle Ground recommended MCZ, the SPA would still be required under the EU Birds Directive on the basis of the numbers of seabirds using the cliffs and adjacent waters. When taken with other marine designations, the extended SPA will help provide a coherent network of Marine Protected Areas for marine birds, seabed habitats and marine wildlife.
    13. Will the marine extension to the SPA affect where I am able to go on my jet ski?
    As identified in the Impact Assessment, Natural England will work with the Flamborough Head European Marine Site Management Group and all sea users including jet skiers to agree a voluntary Code of Conduct. This will help users of Personal Water Craft (PWC) ensure that significant disturbance to seabirds is minimised. There is already a voluntary Code of Conduct for the waters around Flamborough Head.
    14. Will I be able to sail or anchor within the new marine extension?
    As mentioned above, there is already a voluntary Code of Conduct for yachts and other pleasure craft within the existing marine designated site at Flamborough. The Code identifies ways of carrying out activities within the site whilst minimising environmental impacts, such as avoiding groups of seabirds on the water. This is the sort of approach that might be taken within the new marine extension as well.
    15. Where can I find out more about the existing voluntary Code of Conduct for the waters around Flamborough Head?
    This can be found at: http://www.hull.ac.uk/coastalobs/media/pdf/Flamborough%20Head%20Code%20of%20Conduct%20leaflet.pdf. Though the specific details may vary, the current Code of Conduct gives an indication of what a future Code of Conduct covering the new marine areas will be like.
    16. Why are you changing the boundary of the Flamborough Head Special Area of Conservation as well?
    As a result of the work to define a landward boundary for the SPA that takes into account likely coastal change over a 50-year period, Natural England has identified the need to update the landward boundary of the existing Flamborough Head SAC. Again this is to ensure that the SACs features remain protected into the future. The features of the SAC (sea cliffs, reefs and sea caves) remain unchanged.
    You can respond to the proposed changes to the SAC in the same way as you would for the SPA. Please see the webpage at http://www.naturalengland.org.uk/ourwork/conservation/designations/spa/flamborough-fileypspaconsultation.aspx for more information.
    17. I’ve heard that you are reviewing the SSSIs in the area as well. Why are you looking at making changes to the SSSIs as well?
    We are reviewing the SSSI for two reasons. As described above, Natural England is planning to extend the Special Protection Area (SPA) at Flamborough Head to cover an area from Speeton to Reighton and Filey Brigg to Cunstone Nab and extend 2km out to sea. The way legislation works is that the SSSI is needed to underpin the SPA to protect it from activities that do not require planning permission. Secondly, Natural England has a duty to designate land where it is of special interest by reason of its flora, fauna, geographical or physiogeographical features or where additional land next to an existing SSSI is considered special.
    As a result of the proposals to extend the SPA and the need to underpin it with a SSSI, we have taken the opportunity to review all the SSSIs along this stretch of the Yorkshire coast and consider the inclusion of other features as well as the current ones. This involves a larger area, the commissioning and analysis of new surveys for plants and insects, and further work with interested parties. Consequently, this work has not yet concluded, but we hope that the re-notification will follow at the earliest opportunity. We will consult all interested parties on the SSSI at this time.
    18. How do I take part in the formal consultation on the SPA and SAC?
    The consultation starts on Monday 20 January 2014 and runs for 12 weeks closing on Monday 14 April 2014. You can either write to us or submit your comments online. Please see our website for details – a good place to start would be the consultation document, which includes an overview of the proposals and information on how to respond. http://www.naturalengland.org.uk/ourwork/conservation/designations/spa/flamborough-fileypspaconsultation.aspx
    19. Will your final recommendation to Defra take into account socio-economic impacts raised during the consultation?
    Natural England has produced a socio-economic Impact Assessment (IA), as required by Government, to accompany its scientific recommendations. This helps the Government to understand the costs and benefits of potential designations. However, due to European Court rulings, socio-economic impacts cannot influence the boundaries or features of SPAs – they must solely be based on scientific evidence.
    20. What happens after the end of consultation?
    After formal consultation ends on 14 April 2014 we will consider the responses and submit our final recommendations on the SPA to the Department of Environment, Food and Rural Affairs. We will also submit a final Impact Assessment taking into account any additional socio-economic issues raised during the consultation. The recommendations are then considered by Defra’s Minister, who is the ultimate decision-maker. The Minister will decide whether to classify the site and then inform the European Commission.
    21. Who should I contact if I want to know more about the consultation?
    Please get in touch with Martin Kerby either by email northernnorthseaspa@naturalengland.org.uk or 0300 060 4105.
    You can also write to: Martin Kerby, Lead Adviser, Northern North Sea Team, Natural England, Lancaster House, Hampshire Court, Newcastle-upon-Tyne, NE4 7YH

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