Mapping Marine Governance:

it should be legally permissible

and administratively
achievable!
Professor Mike Elliott and Sue Boyes
Institute of Estuarine and Coastal Studies (IECS)
The University of Hull

DEVelopment Of innovative Tools for

understanding marine biodiversity and
assessing good Environmental Status

Challenges for science & management:

There is only one big idea in marine
management: how to maintain and
protect ecological structure and
functioning while at the same time
allowing the system to produce
ecosystem services from which we
derive societal benefits.

Recovery/coping with historical legacy

Endangered coastal and marine
ecosystem functions
Legal & adminstrative framework
Economic prosperity and delivery of
societal benefits
Coping with climate change & moving
baselines

global

Vertical
Integration of
governance
across
geopolitical
levels

ecoregion
regional
national
local

Figure 1: considerations in
holistic & adaptive
environmental
management
(red arrows denote linkages
between topics; black arrows
denote direction of influence)

Horizontal Integration across stakeholders

Regulators (R)
(leg., admin.)
.... who
control the ...

Maintaining,
protecting and
enhancing
nature & .... (S)
(ecol.)

Extractors (D, P)
(econ., technol.)

Inputters (D, P)
(econ., technol.)

to ensure no impact on .....

(a) wider pressures, e.g. climate change

(exogenic unmanaged pressures)
(b) localised human demands
(endogenic managed pressures)
(refer to DPSIR and 10 tenets)

Affectees (I) (soc.,

ethic., cult.)

uses/users providing .../affecting ....

The Ecosystem
Approach
. fundamental
processes (S)
(ecol.) to create

Source of problems (activity-pressureimpact chain) which require ....

....Societal
Benefits for the ...

Influencer
s (I) (polit.)

Beneficiaries (I)
(soc., ethic, cult.)

who raise awareness

of ...... (comm.)

..... Risk assessment

methods & response

Indicators + monitoring, e.g. EII

.... Ecosystem
Services & deliver .....
(I(W))

(D+P) + R S + I
e.g. Conflict Res., 10 tenets, PPP,
PP, EIA, CBA, MCA, LPI

Impediments: Bottlenecks,
Showstoppers & Trainwrecks:

The 10 tenets:
To be successful, management measures or responses to
changes resulting from human activities should be:
Ecologically sustainable

Technologically feasible
Economically viable
Socially desirable/tolerable

Legally permissible
Administratively achievable
Politically expedient

Ethically defensible (morally

correct)
Culturally inclusive
Effectively communicable

Management tools
needed to cover all of
these!

International
Obligations

International
Bodies

Bathing
beaches

Environmental
Standards

Sensitive
area

Nitrate
Vulnerable
Zones

EC Directives,
Policies and
Strategies

Good Chemical
Status & Good
Ecological Status

Bathing Waters

Protection
Afforded

Dir

IPPC Dir

Flood Risk
Assessment

UWWTD

Nitrates Dir
WFD (*)

20% renewable
energy target

LONDON CONV.
& PROTOCOL

Renewable
Energy Dir

Safer shipping
navigation,
pollution control
and operation

Various EU Regs to
control shipping &
pollution from ships

KYOTO
PROTOCOL
MARPOL

UNCLOS

CFP
Sustainable
fisheries &
safeguarding the
marine environment

(*) In 2013 the WFD replaced the Dangerous Sub. Dir.; Freshwater Fish Dir.;
Shellfish Waters Dir. & Groundwater Dir.

MSFD

UN CONV. on BIOLOGICAL
DIVERSITY
BERN
CONV.

ESPOO
CONV.

ASCOBAN
CITES

EIA Dir

Environmental
Impact
Assessments &
Environmental
Statements

Various Regulations
to control CITES
fauna & flora

Endangered
species
protection

EU Strategy on
Invasive Alien
Species (IAS)

Best practice
to deal with
IAS

Marine
Protected
Areas (MPAs)

Habitats &
Species Dir

RAMSAR
CONV.

SEA Dir

Strategic
Environmental
Assessments

Good
Environmental
Status

EU Integrated
Maritime Policy (IMP)

OSPAR
UNEP -MAP

ICES
Basic Fish
Regs

Framework Dir for

MSP & Coastal Man
(proposed)

HELCOM

IMO

BALLAST
WATER CONV.

Control of
harmful aquatic
organisms /
alien species

FRMD

UN FRAMEWORK
CONV. ON CLIMATE
CHANGE (UNFCCC)

3 other climate &

energy directives

Sustainable use of
maritime areas and
resources

Birds Dir

EU Biodiversity
Strategy

Proposed
IAS Reg

Prevention &
Management

Favourable
Conservation
Status

Natura 2000
sites
(SAC/SPA)

International
Law & EU
Directives

Byelaws, Orders,
gear and catch
restrictions

H1 Method

Licenses
Consents &
Authorisations

EC Directive

Protection

Sea Fish
Regulation
Act

Licenses
Consents &
Authorisations

Enabling Legislation

the Sea Fisheries

(Wildlife
Conservation) Act

Pollution Prevention
& Control Regs

Implementation

Urban Waste Water

Treatment Regs

Licenses
Consents &
Authorisations

Sensitive
area
IPPC

Policy &
Targets

Nitrates

Energy Act
Climate Change Act

Renewable Energy

Strategic
Environmental
Assessments

Environmental
Assessment Regs
Licenses
Consents &
Authorisations

Town & Country

Planning (EIA)
Regs
Marine
Works (EIA)
Regs
Licenses
Consents &
Authorisations

Marine spatial planning

& effective coastal zone
management

Flood Risk
Regs

EIA
Proposed
IAS Reg

Environmental Impact
Assessments &
Environmental Statements

Good
Environmental
Status

Habitats &
Species

Favourable
Conservation
Status

Natura 2000
sites
(SAC/SPA)
Prevention &
Management

Harbour
Works
(EIA) Regs

Water
Environmental
(WFD) Regs

MSFD

Wild Birds

Marine
Strategy Regs

Wildlife &
Countryside Act
(as amended by
CROW)

Offshore Marine
Conservation
Regs

Conservation
Objectives

?
Regulation 35
advice
packages

(*) In 2013 the WFD replaced the Dangerous Sub. Dir.;

Freshwater Fish Dir.; Shellfish Waters Dir. & Groundwater Dir.

Licenses
Consents &
Authorisations

Appropriate
Assessment

River Basin Management

Plans, Heavily Modified
Water Bodies & Artificial
Water Bodies

Descriptor
Quality criteria

Marine Protected Areas,

Marine Spatial Planning &
Marine Conservation Zones

Biodiversity
Action Plans &
Species Action

Conservation of
Habitats and
Species Regs

Marine &
Coastal Access
Act

Flood & Coastal

Erosion Risk
Management

Multimetric
Indices

Good Chemical
Status & Good
Ecological Status

WFD (*)

Marine (water)
Environmental
Protection

Flood Risk
Management
Plans

Flood & Water

Management Act

Flood Risk
Assessment

FRMD

SEA

Electricity Act

Flood Risk &

Hazard

Proposed
MSP & ICM

Bathing Waters

Renewables
targets for 2020

CFP

UWWTD
Nitrate
Vulnerable
Zones

Salmon &
Freshwater
Fisheries Act

Basic Fish
Reg

Bathing
beaches

Nitrate Pollution
Prevention Regs

Sea Fisheries
(Shellfish) Act

Sustainable fisheries
& safeguarding the
marine environment

Environmental
Standards

Bathing Water
Regs

Licenses
Consents &
Authorisations

Sea Fish
(Conservation)
Act as amended by

Management
Plans &
Schemes

EU Directives
& National
Implementation

International Law
or Commitments

International
Bodies &
Conventions

EC Directive or
Strategy

Protection
Afforded

Sea Fish
Regulation
Act

Waste
Hierarchy &
Good Practice

KEY
Licenses
Consents &
Authorisations

Enabling Legislation

Licenses
Consents &
Authorisations

Urban Waste
Water
Treatment
Regs

Licenses
Consents &
Authorisations

Bathing
Water Regs

Climate Change Act

Environmental
Assessment Regs

Town & Country

Planning (EIA)
Regs

Licenses
Consents &
Authorisations

Marine
Works (EIA)
Regs

Salmon &
Freshwater
Fisheries Act

?
Sustainable fisheries
& safeguarding the
marine environment

Environmental
Standards

Nitrate
Vulnerable
Zones

Basic Fish
Reg

IPPC

Sensitive
area

Bathing
Waters

Renewables
targets for
2020

ICES

UN FRAMEWORK
CONV. ON CLIMATE
CHANGE (UNFCCC)

Renewable
Energy

EIA

MARPOL

Marine spatial
planning &
coastal zone
management

BALLAST
WATER
CONV.

CITES

EU
Biodiversity
Strategy

MSFD

Safety at Sea,
Pollluton
Control &
Navigation

Various
Regs to
control
CITES fauna

Endangered
species
protection

Control of Trade
in Endangered
Species (COTES)

Enforcement

Flood & Coastal

Erosion Risk
Management

Flood & Water

Management Act

Flood Risk
Assessment

Good Chemical
Status & Good
Ecological
Status

Licenses
Consents &
Authorisations

Good
Environmental
Status

Water
Environmental
(WFD) Regs

Marine
Strategy Regs

Wild
Birds
Favourable
Conservation
Status
Natura
2000 sites
(SAC/SPA

Wildlife &
Countryside Act
(as amended by
CROW)

Conservation of
Habitats and
Species Regs

Marine
notices

(*) In 2013 the WFD replaced the Dangerous Sub. Dir.;

Freshwater Fish Dir.; Shellfish Waters Dir. & Groundwater Dir.

Flood Risk
Management
Plans

Flood Risk
Regs

Multimetric
Indices

River Basin
Management Plans,
Heavily Modified
Water Bodies &
Artificial Water
Bodies

BONN
CONV.

Habitats &
Species

Control of
harmful aquatic
organisms /
alien species

Flood Risk &

Hazard

FRMD

WFD
(*)

RAMSAR
CONV.

Various EU
Regs to control
shipping &
pollution from
ships

Safer shipping
navigation,
pollution control
and operation

EU
Integrated
Maritime
Policy

BERN
CONV.

IMO

SEA

Environmental Impact
Assessments &
Environmental

Harbour
Works
(EIA) Regs

Marine (water)
UN CONV. on
Environmental
BIOLOGICAL
DIVERSITY
Protection

Proposed
MSP & ICM

UNCLOS

KYOTO
PROTOCOL

ESPOO
CONV.

Strategic
Environmental
Assessments

OSPAR,
HELCOM,
UNEP-MAP,
BUCHAREST
Reg. Seas
Conv

LONDON
CONV. &
PROTOCOL

UWWTD

Proposed
IAS Reg

EU Strategy on Invasive Alien

Species (IAS)

Nitrates

Bathing
beaches

Prevention &
Management

CFP

Waste FD

Electricity Act

Licenses
Consents &
Authorisations

Sea Fisheries
(Shellfish) Act

the Sea Fisheries

(Wildlife
Conservation) Act

Waste Regs

Energy Act

Policy &
Targets

Sea Fish
(Conservation)
Act as amended by

Pollution
Prevention &
Control Regs

Nitrate
Pollution
Prevention
Regs

Implementation
method

International
Law, EU
Directives &
National
Implementation
(England)

Byelaws, Orders,
gear and catch
restrictions

H1 Method

Licenses
Consents &
Authorisations

Marine &
Coastal Access
Act

Appropriate
Assessment

Offshore Marine
Conservation
Regs

Conservation
Objectives

Regulation 35
advice
packages

Descriptor
Quality criteria

Marine Protected Areas,

Marine Spatial Planning &
Marine Conservation Zones

Biodiversity
Action Plans &
Species Action

Management
Plans &
Schemes

Department for
Communities
and Local
Government
(DCLG)

Planning Inspectorate
Major Infrastructure Planning
Unit
Local Authorities

UK Shipping

Ministry of
Defence (MOD)

International
Maritime
Organisation
(IMO)

International
Obligations

Department
for Transport
(DfT)

- Independent body which examines

applications for nationally significant
infrastructure projects e.g. large wind farms
>100MW, power stations, harbours, sewage
treatment works

MOD Police Marine Unit

- Waterborne security of HM dockyards and

HM naval bases
- Jurisdiction within territorial waters
- Enforce legislation e.g. Port Orders and
Merchant Shipping Act

UK Hydrographic Office

- Provide hydrographic services for UK waters

as required under (SOLAS)

Defence Science &

Technology Lab

- Maritime technology e.g. ships & submarines

Oil and Pipelines Agency

Department of
Energy &
Climate
Change
(DECC)

- National Planning Policy Framework

- Planning Policy Guidance (PPGs)
- Marine Minerals Guidance Notes (MMGs)
- Strategic Environmental Assessments (SEAs)

- Operation of the Government Pipeline and

Storage System (GPSS)

Committee on Climate Change

- Advises government on emissions targets

and reports greenhouse gases

Marine Energy
Programme Board

- Tackling climate change

- Oil & gas licensing under Petroleum Act 1998
- Renewable energy wave, tidal and wind
- Policy and Legislation e.g. Energy Act 2008 &
2010; and Climate Change Act 2008
- National Policy Statements (NPS) on energy

Secretary of States
Representative for Maritime
Salvage & Intervention
(SOREP)

Maritime and Coastguard

Agency
Trinity House Lighthouse Service
HM Coastguard

- Represent the DECC (in relation to offshore

installations) & the DfT(in relation to ships) by
removing or reducing the risk to safety,
property and the UK environment arising from
accidents involving ships, fixed or floating
platforms or sub-sea infrastructure.
- Health & safety with respect to working at sea
- Ships surveys & inspections
- Emergency response including search &
rescue, counter pollution & response, receiver
of wreck, maritime incident response group
(MIRG) & resilience.

Administratively
achievable?
Government
departments with
responsibilities for the
marine environment
(England)
KEY
Ministerial Depts

Welsh
Government

Department
for Business
Innovation &
Skills (BIS)

UK Met Office
Natural Environment
Research Council (NERC)

- Shipping, marine safety & security, inland

waterways, navigation, ships registers,
transport national planning guidance (NPG)
- Protected wrecks, protection of marine
historic environment, map historic seascapes,
fund coastal & marine heritage research.

NI Executive

English Heritage

Scottish
Government

European
Union

UK GOVERNMENT

Harbour Authorities

Department
for Culture,
Media and
Sport (DCMS)

Historic Wrecks Panel

National Maritime Museum
Marine Science Co-ordination
Committee (MSCC)

Department
for
Environment
Food and
Rural Affairs
(DEFRA)

Please refer to Defra

diagram
(ACRE reports through Defra)

Advisory Committee on Releases

to the Environment (ACRE)

- Panel to advise on specialist issues of policy

& practice related to complex, contentious &
high profile wreck sites in UK territorial waters
and in UK controlled waters & licensing in UK
territorial waters (all adjacent to England).
- Partnership of the main Government
Departments, the Devolved Administrations of
Scotland, Northern Ireland & Wales, the
Environment Agencies & research bodies
involved in funding and carrying out marine
science in the UK. Co -ordination of marine
research & delivering the UK Marine Monitoring
& Assessment Strategy (UKMMSS).

House of Commons

Parliament

Crown Estate

House of Lords

Executive NonDepartmental
Public Bodies
Trading Fund
Agency
Advisory
Committees

- Advice to UK Governments on the release &

marketing of genetically modified organisms.

Home Office
Cabinet Office

Executive Agencies

- Owns 55% of the foreshore (between mean

high and mean low water) and approximately
half of the beds of estuarial areas and tidal
rivers in the United Kingdom.
- Owns the seabed out to the 12 mile territorial
limit, including the rights to explore and exploit
the natural resources of the UK continental
shelf, excluding oil, gas and coal.
- Leases of easement for pipelines and cables,
offshore renewable energy developments.
- Royalties from the extraction of minerals,
principally marine aggregates.

Local Government
Bodies

Food & Environment Research

Agency (FERA)
Animal Health & Veterinary
Laboratories Agency (AHVLA)

Centre for Environment,

Fisheries and Aquaculture
Science (CEFAS)

Department for
Environment Food
and Rural Affairs
(DEFRA)
Make policy and legislation,
and working with others to
deliver policies in areas such
as:
- the natural environment,
biodiversity, plants and
animals
- sustainable development
and the green economy
- food, farming and fisheries
- animal health and welfare
- environmental protection
and pollution control
- rural communities and
issues.

DECC

DfT

Marine Management
Organisation (MMO)
UKHO &
DATA

planning
licensing

emergency
response

Natural England

Environment Agency
(all have statutory seats on the IFCAs)

Inshore Fisheries
Conservation
Authorities (IFCAs)

Sea Fish Industry Authority

Science Advisory
Council

- Managing disease, Endangered species (CITES),

Wildlife Inspectorate.
- Climate change impacts & adaptation; marine
planning & environmental licensing; sustainable
fisheries management; fish and shellfish health &
hygiene; data collection
- Informs policy development at national level; Provides
support for implementation of European & international
laws e.g. Marine Strategy Framework Dir; Identifying,
monitoring & advising on UKs offshore marine nature
conservation; Establishing Marine Protected Areas;
Advice to offshore industries; Support nature
conservation in the UKs 14 Overseas Territories and
three Crown Dependencies; Survey & monitoring.

Joint Nature Conservation

Committee (JNCC)

MOD

- Plant health.

- Marine planning (carry out planning and licensing

functions for English waters; develop a series of marine
plans covering the English marine area); Fisheries
(days at sea for cod and sole recovery zones,
dispensations, monitoring and enforcement, quotas,
statistics & vessels licenses); Protecting the
environment (Marine pollution, nature conservation &
wildlife licences); Marine regulation and licensing
(marine licencing, harbour orders, Sec 36 of Electricity
Act (>1MW to 100MW), public register and supporting
legislation); Offshore Renewable Energy Licensing
Group (ORELG) established to overcome any issues
arising from the licensing and permitting processes
associated with the deployment of offshore wind and
wave and tidal renewable energy.
- Biodiversity (reducing its decline & licensing protected
species across England); Landscape (designating
national parks and AONB); Management (NNRs and
notifying SSSIs); Responsibility (MCZs, EMSs, SSSIs,
Ramsar sites and the network of MPAs); Advising
government & industry on marine conservation and
seascape issues in Englands territorial waters (from the
coast out to 12 nautical miles offshore); Advice on
Marine sea fisheries, marine renewable energy,
regulation & licencing and spatial planning.
- Climate change; Waste and recycling; Flood risk
(rivers and sea); Bathing water quality; Coastal erosion
risk; Water, air and land emissions (Environmental
Permitting Regs); Water quality (inc coasts and
estuaries); Fishing licences; Wildlife & conservation;
Regulation, advice & guidance for business & industry;
Implementation of EU Directives WFD, MSFD & FRMD.
- Managing fisheries & enforcing fisheries legislation
(voluntary agreements, codes of conducts, byelaws and
other regulations out to 6nm); Research (stock
assessments, fisheries impact research, environmental
monitoring and habitat mapping); Liaising with
fishermen & anglers; Consulting on marine development
work and attending meetings on marine spatial planning
and marine conservation zones.
- Information (support for industry's business decisions);
Safety at sea; Protecting the environment at sea & on
land; Regulation (understanding, interpreting &
responding to legislation for industry); Supporting quality
& efficiency standards); Consumer support.

- Provide Defra with expert & independent advice on

science policy & strategy.

Department for
Environment, Food
and Rural Affairs
(Defra)
KEY
Ministerial Depts

Executive Agencies

Executive NonDepartmental
Public Bodies
Trading Fund
Agency
Advisory
Committees
Local Government
Bodies

Your feedback:
What tools/pieces of legislation have we missed?

Have we correctly interpreted the links between the

various articles?
Are there any areas of the marine environment where we
still require new legislation?
Given that many designations (e.g. GEnS, GEcS, FCS)
overlap and conflict, are the different regimes coherent?
Is our interpretation of the present marine governance
structure in England accurate?
Has the creation of the MMO simplified the English
marine governance or are there still conflicting
responsibilities?

Contact:
S.J.Boyes@hull.ac.uk
Mike.Elliott@hull.ac.uk

DEVelopment Of innovative Tools for

understanding marine biodiversity and
assessing good Environmental Status

Many thanks in
advance for any
comments!