A NEW row broke out yesterday between Holyrood and Westminster over who controls Scotland's seas.
The UK government published proposed new laws on the marine environment, which include the establishment of conservation zones to protect species and habitats of national importance.
However, there are concerns such restrictions could create "no
-go zones" for off-shore renewable-energy developments, such as wind farms.
The Scottish Parliament controls conservation issues for only the first 12 nautical miles from the coastline – with the control of areas further offshore reserved to Westminster.
But Holyrood also dictates policy on renewable energy up to 200 miles out to sea – and 380 miles off the west coast – creating the potential for a stand-off on whether new developments should be prohibited on conservation grounds, or permitted to tackle climate change.
Following publication of the draft Marine Bill in London, the SNP called for control of all matters of up to 200 nautical miles to be transferred to Holyrood. The Scottish Government is planning its own marine bill and has established a sustainable seas taskforce to develop proposals.
Richard Lochhead, the environment secretary, called for ministerial discussions after the bill proposed that control of waters beyond 12 miles remained with Westminster.
Mr Lochhead said: "Anyone who cares about our precious marine environment will be delighted that governments north and south of the Border are preparing improved management of our seas.
"However, we are disappointed the UK government has (not accepted] the case for any new powers relating to devolved matters and offshore marine conservation measures to be part of the Scottish marine bill, rather than the UK's.
"Reclaiming control over Scotland's seas will help safeguard their future and the future of the coastal communities who depend on them. The UK bill does not take into account the distinctive marine environment of the seas around Scotland."
The UK bill aims to establish the conservation zones by 2012, once the sea has been "mapped" to highlight areas of importance. Differing levels of protection will be offered, with some forms of fishing, dredging and developments being banned across up to 20 per cent of UK waters.
It is hoped a committee set up by the UK government will work with the Scottish Government to identify conservation sites. However, the final decision will remain with Westminster.
The bill also proposes to allow public access to the English coastline – something that has been in place in Scotland since 2003. In addition, a new marine planning and licensing regime will be established.
Last night, Sally Bailey, North-east Atlantic marine manager at WWF, the environmental charity, said: "To secure robust protection of the UK's seas, it is essential a marine bill is passed in both Westminster and Scotland. Our marine environment needs to be managed as a single ecological unit."
Maria McCaffery, the chief executive of BWEA, the UK's leading wind, wave and tidal energy trade association, said the conservation zones should not prevent the development of the 5,000 to 6,000 wind turbines that it believes are needed to meet renewable-energy targets.
She added: "Britain's potential to develop offshore wind resources must be at the heart of the draft bill. It should promote sustainable development and that includes economic activity, such as offshore renewables."
THE UK'S POSITIONTHE changes proposed by Westminster follow a long-standing need to replace confusing and outdated laws to fulfil a 2001 pledge from Tony Blair on marine conservation.
But with the UK's seas some of the busiest in the world, the bill proposes a UK-wide marine planning system and a marine management organisation to oversee all aspects of marine policy.
SCOTLAND'S POSITIONTHE SNP-led Scottish Government wants to extended its power over the seas from 12 to 200 nautical miles from the coastline.
A taskforce set up to consider a new marine bill north of the Border will look to set guidelines on sustainable management of the seas and 6,800 miles of coast, balancing demands to harness wind power against the needs to protect natural heritage and significant wildlife species.
VITAL STEPS THE Scotsman has launched a campaign to protect our precious marine life. We want:
A network of marine reserves and protected areas to be created to safeguard sites properly.
A system of marine planning, effectively zoning areas for appropriate use, to safeguard important fishing grounds from offshore wind farms and other projects.
A single organisation to administer this system.
Scotland to be given control of conservation to the 200-mile boundary with international waters.
The full article contains 766 words and appears in The Scotsman newspaper.