P R Burbridge February 1999
Prepared for the Web by Gavin Earons, IT Unit, Comhairle nan Eilean Siar
1. EXECUTIVE SUMMARY AND RECOMMENDATIONS 4
Recommendations 8
2.0 INTRODUCTION 13
2.1 Major Issues Concerning the Administration of the Minch 13
2.2 Key issue identified by Highland Council Planning Services: 14
3.0 EXISTING MANAGEMENT STRUCTURES 14
3.1 European Union Policies and Legislation 15
3.2 Responsibilities of the UK Government and the Scottish Office in administering EU Policies and Legislation 17
3.3 The Scotland Act and Potential Influences on the Administration (Integrated Management) of the Minch 17
3.4 Powers of the Scottish Parliament 18
4.0 REGULATORY MEASURES 19
4.1 Reviews of Legislation and Regulations Concerning ICZM 19
4.2 Questions Associated with Legal and Institutional Arrangements to Support Integrated Management of Coastal Seas 20
4.3 An Umbrella Policy for Improved Co-ordination Among Sectoral Policies and Territorial Policies ? 22
5.0 GAPS IN CURRENT ADMINISTRATIVE AND REGULATORY ARRANGEMENTS 25
5.1 Land-Use Planning Systems 26
5.2 Coastal Policy Vacuum 27
5.3 UK and Scottish Planning Policy Guidance 28
5.4 Gaps related to Marine Pollution 29
5.4.1 Current Controls over Marine Pollution 30
5.4.2 Dredging 30
5.4.4 Ballast Water 31
5.5 Are Current Water Quality and other Environmental Standards Appropriate to the Conservation of the Minch and its Resources ? 32
5.6 Other Gaps and Points to be Addressed in the Management of the Minch 32
5.6.1 Administrative Boundaries Versus Issue Based Boundaries for the Minch 32
5.6.2 Developing Effective Sectoral Cooperation and Co-ordination 34
5.6.3 Stakeholder Analysis 34
5.6.4 Vertical Integration: Sectoral "Externalities" Arising from Different Levels of Government 35
5.6.5 Planning and Sectoral Co-ordination 35
5.6.6 Land-Sea Boundaries 35
5.6.7 Statutory vs. non-statutory approaches 36
5.6.8 Horizontal and vertical communication provide an important means to supplement local capacity 36
5.6.9 Coastal Fora and Community Based Planning and Resources Management Policy Development 37
6.0 PLANNED OR POTENTIAL MEASURES THAT COULD INFLUENCE THE MANAGEMENT OF THE MINCH 38
6.1 European Union and or Council of Europe Initiatives 38
6.1.1 EC Draft Law on Integrated Coastal Management 38
6.1.2 Council of Europe Draft Code of Good Practice for Integrated Coastal Management 38
6.1.3 EC Policy Guidance for Integrated Coastal Management 40
6.1.4 Reform of the Common Fisheries Policy (CFP) 40
6.1.5 European Spatial Development Perspective (ESDP) 40
6.2 Scottish Measures 41
6.2.1 Review of Inshore Fisheries Control Mechanisms 41
7.0 POTENTIAL ADMINISTRATIVE MODELS FOR INTEGRATED MANAGEMENT OF THE MINCH 43
7.1 Large-Scale Inter or Intra-governmental Cooperation 43
7.1.1 The Wadden Sea 43
7.1.2 Netforum, Wadden Sea, Denmark 45
7.2 National Models 46
7.2.1 Bantry Bay Charter and Stakeholders' Roundtable 46
7.2.2 Contract de Bai - Brest, France 47
7.2.3 Dorset Coast Forum 48
8.0 RECOMMENDATIONS 51
CITED REFERENCES: 58
ANNEX 1 TERMS OF REFERENCE 60
Administrative Models for Integrated Management of the Minch 60
Background 60
The Purpose of this Study 60
ANNEX II MATTERS RESERVED BY THE UK PARLIAMENT UNDER THE SCOTLAND ACT (1998) 62
CITED REFERENCES 63
