Using best expert judgement to harmonise marine environmental status assessment and maritime spatial planning.

All maritime states have the challenge of maintaining the environmental quality of their seas while at the same time maximising their economic potential thus requiring appropriate science, governance and management measures. In Europe, directives and regulations are used to address the pressures affecting the health and sustainability of marine resources, and to promote Good Environmental Status (GES) (e.g. the Marine Strategy Framework Directive, MSFD), while having a coherent and integrated pattern of sea use (e.g. the Maritime Spatial Planning Directive, MSPD). Therefore, an approach is required to meet these challenges for all maritime states including, for Europe, the joint adoption of these two directives. As such an approach does not yet exist, one is proposed here based on a hypothetical example and a Best Expert Judgement (BEJ) methodology. Forty-two marine science, management and impact assessment specialists provided views on a hypothetical marine scenario to derive and interrogate a framework applicable to marine areas with multiple uses and users. The scenario allowed the severity of the activity effects-footprints to be determined on the 11 MSFD Descriptors of GES with that severity being weighted according to the area of each activity effect-footprint. In turn, this allowed the calculation of marine regional environmental status thereby indicating whether the adoption of quality assessment and spatial planning can be mutually beneficial, or are antagonistic in meeting environmental targets. This paper uses the proposed approach to discuss maximising the assimilative capacity of a marine area and minimising the environmental degradation due to new activities. It especially shows the role of BEJ in cases where marine adaptive management is still required despite their being an often paucity of information or data on which to base management decisions.

Topographic monitoring of a middle estuary mudflat, Humber estuary, UK--anthropogenic impacts and natural variation.

Annual topographic surveys were carried out at the Saltend mudflat (Humber estuary, UK) between 1998 and 2006. These surveys formed part of an ongoing monitoring programme to examine the potential effects on the mudflat topography of the construction and operation of a waste water treatment works (WwTW) development by Yorkshire Water. Of particular concern was the potential disruption to the sedimentological regime within the special protection area (SPA) and candidate special area of conservation (cSAC) which could affect the invertebrate communities and ornithological functioning of the site. In addition to the development of the WwTW located to the extreme north-west of the site, a port extension removing 10ha of the Saltend intertidal mudflat (outside the SPA but immediately south east of the WwTW) also occurred between 1999 and 2006. Minimal change was noted across the site following the construction and operation of the WwTW between 1998 and 2000. However, the construction of the bund in closer proximity to the SPA and cSAC masked any potential impact the WwTW could have had across the site after 2000. Profiles and contour mapping indicate that significant mudflat accretion occurred in the immediate area of the bund, with a general increase recorded across the western section of the site since 2000. In contrast the alternations to channel planform and subsequent rapid accretion of the mudflat to the east of the jetty, being a significant distance from the developments, are attributed to natural cyclical changes.

Is existing legislation fit-for-purpose to achieve Good Environmental Status in European seas?

Recent additions to marine environmental legislation are usually designed to fill gaps in protection and management, build on existing practices or correct deficiencies in previous instruments. Article 13 of the European Marine Strategy Framework Directive (MSFD) requires Member States to develop a Programme of Measures (PoM) by 2015, to meet the objective of Good Environmental Status (GES) for their waters by 2020. This review explores key maritime-related policies with the aim to identify the opportunities and threats that they pose for the achievement of GES. It specifically examines how Member States have relied on and will integrate existing legislation and policies to implement their PoM and the potential opportunities and difficulties associated with this. Using case studies of three Member States, other external impediments to achieving GES are discussed including uses and users of the marine environment who are not governed by the MSFD, and gives recommendations for overcoming barriers.

Integrating management tools and concepts to develop an estuarine planning support system: A case study of the Humber Estuary, Eastern England.

Estuaries are important because of their multiple uses and users which often makes them challenging to manage since management must strike a balance between the needs of users, the estuaries' ecological and economic value and the context of multiple legislative drivers. To facilitate management we have therefore developed an Estuarine Planning Support System (EPSS) framework using the Humber Estuary, Eastern England, as a case study which integrates the current legislation tools and concepts. This integrated EPSS framework is an improvement on previous approaches for assessing cumulative impacts as it takes into account legislative drivers, management tools and other mechanisms for controlling plans/projects specific to the estuary. It therefore enables managers and users to assess and address both the current state and the way in which a new industrial, port or urban development could impact an estuary in an accessible and understandable framework.

Marine legislation--the ultimate 'horrendogram': international law, European directives & national implementation.

The EU is a pre-eminent player in sustainable development, adopting more than 200 pieces of legislation that have direct repercussions for marine environmental policy and management. Over five decades, measures have aimed to protect the marine environment by tackling the impact of human activities, but maritime affairs have been dealt with by separate sectoral policies without fully integrating all relevant sectors. Such compartmentalisation has resulted in a patchwork of EU legislation and resultant national legislation leading to a piecemeal approach to marine protection. These are superimposed on international obligations emanating from UN and other bodies and are presented here as complex 'horrendograms' showing the complexity across vertical governance. These horrendograms have surprised marine experts despite them acknowledging the many uses and users of the marine environment. Encouragingly since 2000, the evolution in EU policy has progressed to more holistic directives and here we give an overview of this change.