Frequently Asked Questions: Studland Bay MCZ - GOV.UK

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Frequently Asked Questions: Studland Bay MCZ - GOV.UK
Last Updated: 15 December 2021

Frequently
Asked
Questions:
Studland
Bay MCZ

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Last Updated: 15 December 2021

Revision History

 Date                     Author                 Version            Status         Reason                          Approver(s)
 04/11/2021               KH                     1.1                Live           Clarifications                   CG
                                                                                   and additions to
                                                                                   the Strategy in
                                                                                   response to
                                                                                   stakeholder
                                                                                   feedback
 15/12/2021               KH                     1.2                Live           Clarification on                NG
                                                                                   safety FAQ

Contents
Purpose.................................................................................................................................... 3
1. Background ..................................................................................................................... 4
2. MMO jurisdiction ............................................................................................................ 5
3. Site designation and designated features .............................................................. 5
4. Evidence........................................................................................................................... 8
5. Studland Bay MCZ Habitat Protection Strategy .................................................. 13
6. Anchoring ...................................................................................................................... 14
7. Other marine non-licensable activities .................................................................. 15
8. Fishing ............................................................................................................................ 16
9. Mooring and marine licensing.................................................................................. 16
10. Safety .............................................................................................................................. 19
11. Compliance and enforcement .................................................................................. 19
12. Monitoring...................................................................................................................... 20
13. Education and awareness ......................................................................................... 22
14. Socio-economic impacts ........................................................................................... 22

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Purpose
Due to the high volume of correspondence being received regarding Studland Bay
Marine Conservation Zone (MCZ) anchoring management measures, the Marine
Management Organisation (MMO) is maintaining a summary of frequently asked
questions (FAQs) to answer common queries.

Further information regarding the MMO’s management of Studland Bay MCZ is
available on our dedicated web page here.

This includes:

   •   Studland Bay MCZ Marine Non-licensable Activity Assessment - MMO
       assessment on the impacts of marine non-licensable activities in Studland
       Bay MCZ and conclusions on whether management measures are required
       for each assessed activity.
   •   Studland Bay MCZ Decision Document - Summarises the feedback and
       queries received from stakeholders during public consultation, and details the
       decisions made regarding the management of the site.
   •   Dorset Coast Forum engagement report - A link is provided to a report
       which outlines the formal engagement period facilitated by Dorset Coast
       Forum in 2021, and the feedback received from stakeholders.
   •   Studland Bay MCZ Habitat Protection Strategy - An overview of the MMO’s
       management approach for marine non-licensable activities in Studland Bay
       MCZ. In addition, guidance is provided to individuals or developers planning
       to install moorings.

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1. Background
   1.1.       What are marine non-licensable activities?

Marine non-licensable activities are those that do not require a marine licence under
section 66 of the Marine and Coastal Access Act 2009. The MMO is responsible for
the management of marine non-licensable activities which take place within its
jurisdiction (0 to 12 nautical miles). Marine non-licensable activities include, but are
not limited to, activities like sailing, powerboating and diving. More information can
be found on the MMO’s website.

   1.2.       Why is the MMO only starting to manage marine non-licensable
       activities in Studland Bay MCZ now?

Studland Bay MCZ was designated in May 2019 and the MMO has been working to
understand the levels of the different activities taking place, and the conservation
status of its protected species and habitats.

The MMO has now completed a detailed assessment of the impacts of relevant
activities which was subject to public consultation as part of our call for evidence in
2020. This assessment can be viewed online.

The MMO has received a large amount of public interest in possible management of
anchoring in Studland Bay MCZ and recognises the importance of public support in
order to best manage recreational activities. The MMO has made sure to allow time
to engage with stakeholders regarding the management of Studland Bay MCZ and
this has been valuable for informing the approach.

1.3 Why is the voluntary no anchoring zone only covering part of the seagrass
and will similar management be introduced in other sites where seagrass is
present?

Under section 125 of the Marine and Coastal Access Act 2009 the MMO has a duty
to exercise all relevant functions in a way that best further the conservation
objectives for marine conservation zones (MCZs). As part of these functions, MMO
has powers to make byelaws to control activities within MCZs if they are hindering
the conservation objectives of a site. MMO management measures are determined
on a site-by-site basis and may involve management measures across a whole site,
a whole area of feature, or a more focused approach.

In order to fulfil our legal duty to further the conservation objectives of Studland Bay
MCZ, the MMO has decided to introduce a voluntary no anchor zone into the main
seagrass bed located off South Beach and Middle Beach.

The MMO has established management measures in line with the conservation
objectives of Studland Bay MCZ and this will be reviewed going forward. The MMO
must apply measures across the seagrass bed as outlined by the voluntary no
anchor zone to ensure the designated features are sufficiently protected. Further
information on our decision can be found in the Studland Bay Decision Document.
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2. MMO jurisdiction
   2.1.    Under what legislation does the MMO have the powers to
       manage marine non-licensable activities?

Under Section 125(2) of the Marine and Coastal Access Act 2009 the MMO has
general duties as a public authority in relation to the protected features of an MCZ
and must:
a) exercise its functions in the manner which the authority considers best furthers
   the conservation objectives stated for the MCZ;
b) where it is not possible to exercise its functions in a manner which furthers those
   objectives, exercise them in the manner which the authority considers least
   hinders the achievement of those objectives.

Under Section 129 of the Marine and Coastal Access Act 2009, the MMO may make
byelaws for the purpose of furthering the conservation objectives stated for a marine
conservation zone (MCZ) in England. The provision that may be made by a byelaw
under this section includes: –

a) prohibiting or restricting entry into, or any movement or other activity within, the
   MCZ by persons or animals;
b) prohibiting or restricting entry into, or any movement or other activity within, the
   MCZ by vessels or (where appropriate) vehicles;
c) restricting the speed at which any vessel may move in the MCZ or in any
   specified area outside the MCZ where that movement might hinder the
   conservation objectives stated for the MCZ;
d) prohibiting or restricting the anchoring of any vessel within the MCZ;
e) prohibiting or restricting the killing, taking, destruction, molestation or disturbance
   of animals or plants of any description in the MCZ;
f) prohibiting or restricting the doing of anything in the MCZ which would interfere
   with the seabed or damage or disturb any object in the MCZ.

These powers are extended to European Marine Sites (EMS) under Section 38 of
the Conservation of Habitats and Species Regulations 2010. European Marine Sites
include Special Areas of Conservation (SAC) and Special Protection Areas (SPA).

3. Site designation and designated features
   3.1.     I was opposed to the Studland Bay Marine Conservation Zone
       designation so do not agree that management measures should be
       implemented. Can I formally oppose the designation?

Studland Bay MCZ was legally designated on 31 May 2019 by the Department for
Environment Food and Rural Affairs (Defra). Information can be found in the
Studland Bay Marine Conservation Zone Designation Order 2019. Defra are no
longer consulting on this matter.

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   3.2.     Were impacts to recreational / marine non-licensable activities
       considered in the consultation and designation of this site?

The potential socio-economic impacts associated with any management measures
for Studland Bay were considered during the designation process. In designating
Studland Bay as a Marine Conservation Zone, the Secretary of State decided the
environmental case for designation outweighed these potential impacts. Impacts to
recreational activities (specifically anchoring/mooring) are listed in the consultation
document.

   3.3.    Has Studland Bay become a highly protected marine area
       (HPMA)?

No, Studland Bay MCZ is not a highly protected marine area. More information on
HPMAs can be found online.

   3.4.       What is a designated or protected feature?

Designated, or protected features, are habitats or species found within marine
protected areas. Once a marine protected area is designated, these habitats and
species become protected features, and are also referred to as designated features.
For example, seagrass, long-snouted seahorse, subtidal sand and intertidal coarse
sediment are the designated features of Studland Bay Marine Conservation Zone.

More information can be found in our blog What are Marine Protected Areas?

   3.5.       What are conservation objectives?

Conservation objectives are set by Natural England (sites inshore of 12 nautical
miles) or the Joint Nature Conservation Committee (JNCC) (sites offshore of 12
nautical miles) to describe the target condition for each marine protected area.

For a marine conservation zone (like Studland Bay MCZ), the conservation
objectives are that the protected features:

1. are maintained in favourable condition if they are already in favourable condition.
2. be brought into favourable condition if they are not already in favourable condition.

‘Favourable condition’ means that for each protected feature within the site:
     • extent is stable or increasing
     • its structure and functions, its quality, and the composition of its
        characteristic biological communities (including the diversity and abundance
        of species forming part or inhabiting the habitat) are sufficient to ensure that
        it remains healthy and does not deteriorate.
For long-snouted seahorse (Hippocampus guttulatus), ‘favourable condition’ means
that the population within the MCZ is supported in numbers which enable it to thrive,
by maintaining:

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   •   the quality and quantity of its habitat
   •   the number, age and sex ratio of its population.
Supplementary advice on conservation objectives is also provided by Natural
England which details the attributes of each feature which should be ‘maintained’
and the attributes of each feature which should be ‘recovered’. For example, for the
‘extent and distribution’ attribute of seagrass beds, the target is to ‘recover the total
extent and spatial distribution of seagrass beds’.
   3.6.      What does the ‘recover’ target mean for seagrass beds? How can
       we ‘recover’ to an unknown past seagrass extent?

Natural England is the MMO’s statutory nature conservation body advisor for sites
inshore of 12 nautical miles. As described in question 3.5, Natural England set the
conservation objectives and provide supplementary advice detailing the attributes of
each designated feature which should be ‘maintained’ or ‘recovered’. Please refer to
Natural England information on conservation objectives for more details on how they
are set, available online.

For Studland Bay MCZ, the attributes of the designated features have a mixture of
maintain and recover targets. Further detail on targets can be found in Table 11
(Relevant favourable condition targets for identified pressures to intertidal coarse
sediment, subtidal sand, seagrass beds and long-snouted seahorse) of the
assessment (available online). Recovery is defined in terms of attributes. For
seagrass beds, examples of attributes include the extent, spatial distribution,
component species, structure and function. Targets for these attributes are related to
things like the rhizome mats, leaf/shoot density, length and percentage cover. Extent
is therefore not the only measure of seagrass condition and recovery. The MMO has
a statutory responsibility to take actions in accordance with this recover target.

   3.7.       Why is seagrass important?

Seagrass is extremely important for providing several ecosystem services. For
example, it provides habitat for many species including commercially important fish
and endangered species, it is an important breeding and nursery area for fish, it
helps stabilise sediment as a buffer to coastal erosion, it is important in nutrient
cycling and it stores atmospheric carbon which helps to mitigate climate change
impacts.

   3.8.       Why is subtidal sand important?

Where conditions allow, subtidal sand supports seagrass beds, so it is important to
protect it for this reason. The sand feature also supports species such as
invertebrates, undulate rays, pipefish, wrasse and juvenile commercially important
fish.

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   3.9.       Why is intertidal coarse sediment important?

This sediment is ecologically important, supporting a wide variety of species such as
algae, crabs, lobsters, worms and seastars.

   3.10.      Why are long-snouted seahorses important?

Long-snouted seahorses (Hippocampus guttulatus) are an important species
associated with the seagrass beds in Studland Bay MCZ and use the seagrass
habitat as a resting, foraging and breeding area throughout the summer. Studland
Bay is currently the only known breeding location for long-snouted seahorse in the
UK. Long-snouted seahorses are also protected under the Wildlife and Countryside
Act 1981, please see further details in 3.11.

   3.11.      Are seahorses already protected?

The two species of UK seahorse, Hippocampus hippocampus and Hippocampus
guttulatus (commonly known as short-snouted and long-snouted or spiny seahorses)
are both protected everywhere in English waters from 0 to 12 nautical miles under
the Wildlife and Countryside Act 1981. This includes disturbing, injuring or killing
them. Their place of shelter or protection, such as seagrass, is also protected from
damage or obstruction. Where seahorses are present, the seagrass is also protected
as a place of habitat or shelter.

The designation of long-snouted/spiny seahorses as a feature of Studland Bay MCZ
provides an additional layer of protection to this important species by requiring public
authorities to ensure that the activities that they regulate are managed to support
seahorses to be in favourable condition at this site.

4. Evidence
   4.1.      Is there sufficient evidence for the impacts of anchoring, mooring,
       sailing/powerboating with an engine, sailing without an engine and/or
       diving and snorkelling in Studland Bay?

Natural England is the MMO’s statutory advisor and provider of conservation advice
for marine protected areas in England between 0 and 12 nautical miles. Natural
England’s conservation advice and scientific literature demonstrates that these
activities may have a significant impact on the features of the site.

It is the statutory responsibility of the MMO to investigate the need for management
measures where conservation objectives of a marine conservation zone may be
hindered by an activity. Therefore, the activities listed in the question were taken
forward for further assessment by the MMO. Natural England and the MMO used the
best available evidence, including a range of peer reviewed scientific literature to
support the assessment and subsequent decision making. The MMO assessment
can be viewed online.

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Following a call for evidence and formal engagement period, for anchoring, the MMO
has concluded that management is required due to the potential impact on some of
the designated features of the MCZ. A voluntary measure is being taken forward,
please see the Studland Bay MCZ Habitat Protection Strategy (available online) for
details. A monitoring and control plan alone for this activity is not sufficient to further
the site’s conservation objectives. There is sufficient evidence from the assessment,
call for evidence and engagement period to support this decision.

For mooring, powerboating, sailing, diving and snorkelling, no further restrictions will
be implemented at this stage. These activities will be monitored to identify any
changes in activity levels which may lead to reassessment of the site and future
management if evidence indicates that it is required.

   4.2.     Aerial imagery shows the expansion of seagrass over time in
       Studland Bay, considering this, how can proposed measures to restrict
       anchoring be justified?

Published scientific journal articles reference reports dating from the 1930’s which
document a Zostera bed (seagrass bed) decline along the Atlantic coast of North
America and Europe by 90-99% due to the wasting disease now known as
‘Labyrinthula zosterae’ (Muehlstein, 1989). The extent of seagrass in Studland Bay
may have increased since this time, however, pressures such as those from
anchoring may be impacting seagrass health in different ways. Seagrass extent is
not the only factor to consider in the health of seagrass beds. Factors include, but
are not limited to, the overall seagrass biomass (influenced by leaf length and shoot
density), and rhizome mats. These factors are important for overall seagrass
meadow health and resilience to natural and human activity. Disturbance to
seagrass beds can cause habitat fragmentation, this is defined as the emergence of
discontinuities in a habitat patch (Jackson et al., 2013). Natural England
conservation advice highlights that pressures from activities such as anchoring, are
contributing to seagrass fragmentation.

Aerial imagery can be indicative of seagrass extent but does not reliably represent
seagrass fragmentation/recovery and the health of seagrass and should not be used
in isolation to assess seagrass extent. Aerial photographs must be accompanied by
ground truthing, for example, dark patches may not be seagrass and could instead
be decaying drift algae washed in on the tide or attached macroalgae. Video drop
and side scan sonar methods provide a greater certainty compared to aerial
photographs.

   4.3.      I do not agree with the Natural England advice and evidence
       sources used in the MMO assessment to prove impact of activities, and
       there seems to be contradictory evidence. How will this be taken into
       account?

Natural England is the MMO’s statutory advisor and provider of conservation advice
for marine protected areas between 0 and 12 nautical miles in England. The
conservation advice is informed by extensive literature reviews to summarise
available scientific knowledge and thus understand potential pressures impacting

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species and habitats. Some responses in the call for evidence, held in 2020,
commented on the validity of the conservation advice used in the draft MMO
assessment (available online). The conservation advice and associated evidence is
considered by the MMO to be sufficiently robust for informing the assessment of the
site and subsequent management decisions. The MMO is aware that evidence gaps
exist, however, the MMO must use the best available evidence to fulfil our statutory
duty under the Marine and Coastal Access Act 2009 to assess the site and exercise
relevant powers to best further the conservation objectives of the site where needed.
The MMO must be precautionary and cannot delay putting management in place
where required due to lack of evidence or scientific certainty if there is a risk that a
site’s conservation objectives are being hindered by human activities. The
precautionary principle is defined in the 1992 Rio Declaration, to which the UK
Government is a signatory, and states: “In order to protect the environment, the
precautionary approach shall be widely applied by States according to their
capabilities. Where there are threats of serious or irreversible damage, lack of full
scientific certainty shall not be used as a reason for postponing cost-effective
measures to prevent environmental degradation”. The assessment of Studland Bay
MCZ and any management measures will be routinely reviewed in order to assess
the suitability of any measures for meeting the conservation objectives of the MCZ.

Natural England ran a consultation on their conservation advice package for
Studland Bay MCZ and have responded to representations made on this
conservation advice. Any changes to conservation advice will be communicated to
the MMO and changes will be made to the assessment if required.

   4.4.      The mapping of the seagrass seems inaccurate. How can we be
       sure that the assessment has accurate and up to date spatial
       information?

With regards to the accuracy of the MMO maps showing the features of the site, the
data used to produce our feature maps is updated regularly. The map in the MMO
assessment (available online) uses the best available data to show the locations of
the site’s features.

Natural England work with partners to establish the locations of features and use
sufficiently robust data collection techniques. Methods used include side scan sonar,
which provides an accurate representation of the location of seagrass beds. This has
been used to show the established beds on the MMO feature map. Natural England
have monitoring processes in place and the MMO use the most up to date data
provided from this.

   4.5.     Anchoring and mooring might benefit seagrass in Studland Bay,
       so why is management needed?

The MMO has sought advice from Natural England on this and is not aware of any
evidence that anchoring benefits seagrass, either by pruning the seagrass or moving
the seagrass elsewhere so it can spread easily. The MMO is not aware of any peer-
reviewed evidence for normal detached seagrass shoots reattaching. Rhizome
growth is the process that regulates the rate of formation and the spatial distribution
of components within seagrass meadows, and, thus, it constrains the development
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of their populations. Zostera marina does not have vertical rhizomes so can’t
reattach once removed from the substrate and is likely to decay. Despite the fact that
Zostera marina can produce large numbers of seeds each season, seed dispersal
and survival is unpredictable due to stochastic events and seedling mortality is high.
The formation of new patches outside existing beds by sexual propagules or drifting
rhizome fragments is a rare event. In order to be successful and survive, these
fragments would have to not be damaged and be transported via specific currents,
which allow them to settle in a location suitable for germination and growth.

   4.6.     Strong easterly winds cause seagrass to wash up on the beach in
       Studland Bay. Could this be what causes damage to the seagrass, not
       anchoring, so why is management needed?

Natural England has advised that storm events and strong winds cause high energy
conditions which may negatively impact seagrass. This is why seagrass is only found
in sheltered bays, such as Studland Bay. Strong easterly winds in Studland Bay can
therefore cause the uprooting of seagrass and this subsequently washes ashore.
However, this is a natural event which occurs irregularly. Seagrass is resilient to this
event and is able to recover from damage if the events are not too regular and other
pressures are minimal. Further negative impacts in addition to storm events, such as
those caused by marine non-licensable activities, could reduce the resilience of
seagrass.

   4.7.     Seagrass in Studland Bay is able to recover from anchoring
       events so why is management needed?

Natural England has advised that due to the high levels of anchoring in the site, the
recovery of seagrass is low. Natural England has classified seagrass as having a
medium sensitivity to abrasion, high sensitivity to penetration and high sensitivity to
physical changes, which are all pressures caused by anchoring. This is supported by
information on sensitivity regarding resilience and recovery of seagrass provided by
the Marine Life Information Network. The conservation objective for seagrass beds in
Studland Bay MCZ is to bring them into favourable condition as they are determined
to be in unfavourable condition. Recovery is defined in terms of targets for specific
attributes of seagrass beds including extent, spatial distribution, component species,
structure and function. The MMO has a statutory responsibility to take actions in
accordance with this recover objective.

   4.8.     Mooring might benefit seagrass and seahorses in Studland Bay,
       so why has mooring been assessed?

The MMO has sought advice from Natural England on this and is not aware of any
evidence that mooring benefits seagrass. As described in the MMO’s Studland Bay
MCZ marine non-licensable activity assessment (available online), there are
significant peer-reviewed studies that demonstrate the damage and disturbance
caused to seagrass and seahorse populations caused by mooring activities,
particularly traditional swing moorings.

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No further restrictions are being implemented for mooring at this stage. This is due to
moorings being managed through the MMO marine licensing process. The
installation and/or maintenance of moorings is managed as a licensable activity
under Part 4 of the Marine and Coastal Access Act 2009. Please see our pages ‘Do I
need a marine licence’ for further information.

   4.9.     Modelling in the MMO assessment is based on Mediterranean
       seagrass, not eelgrass, which is found in Studland Bay. How can
       conclusions be made based on this?

The conservation advice provided by Natural England is based on Zostera marina,
the species which is found in Studland Bay MCZ. The MMO is aware of the
differences between seagrass species. This is taken into account in the assessment
(available online) by primarily using studies on Zostera marina, and references to
studies on other species only being included as supporting information or where
information regarding Zostera marina is lacking.

   4.10.   How can the use of the precautionary principle be justified? Just
      because something might happen, and it might cause harm, is no
      reason in itself to prevent it.

The precautionary principle requires that the MMO does not postpone or delay the
assessment due to lack of evidence or scientific certainty and the MMO must fulfil its
statutory duty under the Marine and Coastal Access Act 2009 to assess the site and
where needed exercise relevant powers to further the conservation objectives of the
site. The precautionary principle is defined in the 1992 Rio Declaration, to which the
UK Government is a signatory, and states: “In order to protect the environment, the
precautionary approach shall be widely applied by States according to their
capabilities. Where there are threats of serious or irreversible damage, lack of full
scientific certainty shall not be used as a reason for postponing cost-effective
measures to prevent environmental degradation”.
The MMO complete assessments to ensure the fullest possible scientific evaluation
of the potential impacts of marine non-licensable or fishing activities on the
designated features of marine protected areas.
The MMO will use the best available evidence and apply precautionary approaches
when needed.

   4.11.  Activity levels in Studland Bay were not normal in 2020 due to
      COVID-19, how can this data be used to base management decisions
      on?

The MMO acknowledges that restrictions in place during 2020 due to COVID-19 may
have caused activity levels to vary in comparison to previous years. The MMO
assessment (available online) considers data over the most recent five years to

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ensure that a long-term assessment of activity informs decisions and takes into
account anomalous years. Activity levels will continue to be monitored by the MMO
to review any management measures in place. Please refer to the Studland Bay
MCZ Habitat Protection Strategy (available online) for further information.

   4.12.    There are impacts from pollution in Studland Bay, why haven’t
      they been considered for management?

Natural England conservation advice packages take into consideration several
activities that place pressures upon sensitive habitat features. As shown in
information provided about UK marine works controls on GOV.UK, the MMO is
responsible for managing the impacts of activities from 0 to 200 nautical miles. This
involves managing marine non-licensable activity between 0 and 12 nautical miles,
and fishing activity offshore of 12 nautical miles. Activities on the land, including
those which may cause pollution, do not lie within the jurisdiction of the MMO to
manage.
The MMO review and update MPA assessments using Natural England
Supplementary Advice on Conservation Objectives to determine if new marine
activities for which the MMO has jurisdiction are impacting a site, and if management
may be required.

5. Studland Bay MCZ Habitat Protection Strategy
   5.1.     How have stakeholder views been considered in developing the
       Studland Bay MCZ Habitat Protection Strategy?

In line with our MMO Story, we have undertaken a process to proactively seek, value
and use feedback from stakeholders to help shape and improve our services in the
development of the Studland Bay MCZ Habitat Protection Strategy (available online).
In the strategy, the MMO has considered stakeholder comments from the call for
evidence, formal engagement events and email correspondence and worked with
Natural England to ensure a sustainable approach for future management of
Studland Bay MCZ. Please see the strategy for more details.

   5.2.       Aren’t there already existing no anchor zones and speed
       restrictions in Studland Bay?

Prior to the introduction of the Studland Bay MCZ Habitat Protection Strategy (see
section 5, available online), there were no MMO management measures in Studland
Bay MCZ relevant to anchoring activity.

A voluntary no anchor zone was implemented in Studland Bay from 2009-2013 as
part of a project run by Natural England and The Crown Estate. Seastar Survey were
contracted to produce a report on this project (Axelsson et al., 2012). This voluntary
no anchor zone was removed when the study ended.

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Dorset Council manage impacts on water safety in the area and there is a water
safety byelaw in place which restricts the speed of vessels in a designated area. This
is usually marked using marker buoys. Information can be found online.

6. Anchoring
   6.1.      Anchoring management measures are being brought in too
       quickly. Why are measures not being introduced over a longer time
       period?

The MMO has been engaging with stakeholders since October 2020 and refining the
management approach in response to feedback. As a result of feedback, the MMO
has decided on a phased voluntary approach over 2021 and 2022 to provide more
time to introduce the measure. This time period will allow time to build understanding
and awareness of the measures.

The MMO recognise the importance of public support in order to best manage
marine non-licensable activities. A call for evidence and formal engagement period
were therefore run in 2020 and 2021 to gather feedback and identify the most
appropriate management approach.

   6.2.     Why have anchoring management measures not been introduced
       by summer 2021?

In the engagement period, the MMO explained that anchoring management
measures would be in place for summer 2021. This was delayed slightly due to the
value of reviewing and considering all feedback received to inform the approach.

   6.3.     How will I know where the voluntary no anchor zone is, will
       marker buoys be used?

The installation of marker buoys is not currently planned as we are introducing this
voluntary measure as a phased approach currently, but we will review this going
forward. The MMO will notify relevant organisations to update navigational charts
and develop educational materials to aid vessel owners in understanding where the
voluntary no anchor zone is located.

   6.4.       Will the MMO also be planting seagrass to expand the habitat?

The MMO will not be planting seagrass to expand the habitat. As the level of activity
within Studland Bay MCZ is exerting pressure on the existing seagrass beds,
planting further seagrass areas will not address underlying pressures on the existing
seagrass feature.

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   6.5.     Why aren’t no anchor zones being implemented across the entire
       Marine Conservation Zone?

The voluntary measure is based on the areas of the MCZ in which seagrass and
seahorse populations are found, as these are the designated features that are
sensitive to anchoring pressures. Natural England, as the statutory advisor to the
MMO, have advised that this approach will help to further the conservation objectives
of the site.

   6.6.      How can I provide feedback on the anchoring measures in the
       Studland Bay MCZ Habitat Protection Strategy?

Through monitoring, MMO aims to understand how the voluntary measure is
working, collect further data on activity levels and ensure the most appropriate
approach is being taken in 2022. Part of this monitoring will invite visitors to Studland
Bay to share feedback via a coordinated survey. Please see the Studland Bay MCZ
Habitat Protection Strategy for more information.

7. Other marine non-licensable activities
   7.1.     Is the MMO introducing a ‘blanket ban’ of all activities in Studland
       Bay?

The MMO is not banning all activities in Studland Bay. Management measures for
activities are considered on a case-by-case basis.

The MMO conducted an assessment for Studland Bay MCZ (available online) to
understand if current activities, such as snorkelling and diving, anchoring, mooring
and sailing with and without an engine are negatively impacting the features for
which Studland Bay is designated as a marine conservation zone (seagrass, long-
snouted seahorse, subtidal sand, intertidal coarse sediment). As not all features are
sensitive to the different activities occurring in Studland Bay, prohibiting all activities
would have disproportionate social or economic impacts and would not be necessary
to further the conservation objectives of the site. The MMO considers a range of
management measures to establish the best approach for a site for activities if risks
to a marine protected area are identified, coupled with detailed scientific assessment
and appropriate levels of consultation.

Through the assessment process, it was identified that current levels of anchoring on
seagrass are causing too much pressure and require management. Therefore, a
management approach has been established to protect this feature. Further details
of this management are available in the Studland Bay MCZ Habitat Protection
Strategy (available online).

No further management is being introduced for activities other than anchoring at this
time. Monitoring and control plans will be used to identify changes in levels of other
activities going forward, which may trigger reassessment. Please see part 2 of the
Studland Bay MCZ Habitat Protection Strategy (available online) for more details.

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8. Fishing
   8.1.     No anchoring/mooring zones might encourage fishing because
       anchoring/mooring is a deterrent to fishing in Studland Bay. What will
       the MMO do to stop this happening?

Any impact of fishing will be monitoring and assessed by Southern Inshore Fisheries
and Conservation Authority. The MMO has been advised that fishers do not target
the site outside popular recreational periods, for example, October to April, when
there are lower numbers of vessels anchored and moored. This suggests that the
site is not favourable for fishing.

   8.2.     Bottom-towed fishing gear impacts in marine protected areas
       cause more damage than anchoring recreational vessels. What is
       MMO doing to manage fishing in Studland Bay?

Studland Bay MCZ lies within the 6 nautical mile limit. Any fishing activity in the 0 to
6 nautical mile limit is primarily managed by the Southern Inshore Fisheries
Conservation Authority, and any changes to fishing activities will be monitored and
assessed by them.

For information, fishing activity from 6 to 200 nautical miles is in the jurisdiction of the
MMO.

9. Mooring and marine licensing
   9.1.        What is marine licensing?

The Marine and Coastal Access Act 2009 provides that a marine licence is required
for certain activities carried out within the UK marine area. The MMO is responsible
for marine licensing in English waters and for Northern Ireland offshore waters. The
MMO is also responsible for marine licensing of some activities in other parts of the
world.

The Studland Bay MCZ Habitat Protection Strategy outlines the requirements for a
marine licence for the maintenance, installation and removal of moorings.

   9.2.       Do I need a marine licence for maintaining an existing mooring?
The maintenance of moorings is a licensable activity under Part 4 of the Marine and
Coastal Access Act 2009. It is possible that certain maintenance activities can be
licensed though a self-service licence. Please see our pages ‘Do I need a marine
licence’ for further information.

Please note, MMO policy is that it will be unlikely that the MMO will make a positive
determination on maintenance activities on a swing mooring in Studland Bay MCZ

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unless the applicant can demonstrate that they are adopting technology that
eliminates the pressure given from the riser chains on a swing mooring. Further
guidance for existing moorings is provided within the Studland Bay MCZ Habitat
Protection Strategy (available online).

   9.3.     Will priority be given for licences for existing longstanding
       mooring owners who want to upgrade to AMS?

Upgrade and maintenance of moorings is a licensable activity under the Marine and
Coastal Access Act 2009. MMO licensing don’t prioritise between applications, but
maintenance could qualify as a “self-service” licence. This can be further explored
using the online assistance tool (here). Further information is available in the
Studland Bay MCZ Habitat Protection Strategy.

   9.4.       Will the MMO be removing existing moorings in Studland Bay?

Many of the moorings have been in place for many years and predate the marine
licensing system introduced under the Marine and Coastal Access Act 2009, and the
designation of the MCZ. MMO are not currently planning to remove them but will
keep this under review.

MMO does however, encourage licence applications to upgrade existing moorings to
an advanced mooring system. Removal of a mooring is classified as a licensable
activity. It is the responsibility of the individual to ensure they have the correct
consents in place before undertaking any activity. Any activity undertaken without the
appropriate consent could be subject to enforcement action by the MMO. Further
guidance for existing moorings is provided within the Studland Bay MCZ Habitat
Protection Strategy (available online).

   9.5.       What is an advanced mooring system (AMS)?

Advanced mooring systems (also known as eco-moorings, or eco-friendly moorings)
avoid the placement of large mooring blocks on the seabed and chain abrasion
through the use of alternative mooring systems. There are different fixing methods
available as well as the use of floats or elastic lines to avoid chain abrasion. Please
see further information on the RYA website.
   9.6.     Will the MMO be paying for and installing moorings or advanced
       mooring systems in Studland Bay MCZ to alleviate the pressures from
       anchoring?

The MMO is not planning to install moorings (including advanced mooring systems)
within Studland Bay MCZ or introduce any charging schemes. The MMO has
produced guidance for individuals or developers planning to install moorings within
Studland Bay MCZ in the Studland Bay MCZ Habitat Protection Strategy (available
online).

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   9.7.    Is guidance available on suitable advanced mooring systems
       (AMS) to be used in Studland Bay?

The MMO are unable to provide guidance on the suitability of mooring types.
However, this question could be posed to the supplier. It would be the responsibility
of applicants to understand suitable mooring types for the environment in which they
wish to install them.

   9.8.      Historically anyone has access to anchor. How will you ensure
       public access to the site will not be impacted by pay-to-use and high
       proportion of private moorings?

The MMO’s licensing policy is that all applications are determined on a case-by-case
basis. Marine licence applications must have regard to Marine Plan Policies, which
include policies relating to public access. The South Marine Plan is available to view
here.

The MMO cannot prioritise applications that are chargeable or free for use. All
applications will be publicly consulted on (see Studland Bay MCZ Habitat Protection
Strategy for further information). Determining charging regimes for any moorings are
outside of the MMO’s remit and is the responsibility of the licence holder.

   9.9.     How was the capacity of 100 advanced mooring systems
       decided? 100 moorings is not enough to meet demand.

The figure of a maximum of 100 advanced mooring systems within the voluntary no
anchor zone (VNAZ) was developed with Natural England to provide capacity to
allow continued access whilst not hindering the conservation objectives of the MCZ.
This number may be reviewed and updated in the future based on discussions with
Natural England and the latest available ecological data on the site.

   9.10.     How will the location of future moorings be decided?

It is the applicant’s responsibility to determine suitable locations and density of
moorings. The MMO will consult relevant bodies, including navigational authorities
on the suitability of proposed locations on any application. Consultations which are
open to the public, as well as records of completed applications, can be viewed on
the MMO public register. The MMO does not intend to manage placement of
mooring installations pre-application.

   9.11.   How will the boating community be consulted on the introduction
      of moorings?

The MMO may consult interested parties about an application. This usually includes
other public authorities; agencies and the public are often consulted too. If the MMO
require this, there may be a requirement to place notices in national and local
publications as well as on site. Consultations which are open to the public, as well as
records of completed applications, can be viewed on the MMO public register.

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10. Safety
   10.1.   Will I still be able to anchor in an emergency? Studland Bay is an
      importance safety refuge for vessels.

The MMO expect people to respect any management measures put in place, but
safety of life at sea will always come first. The right to anchor under emergency
conditions, or to avoid a genuine emergency situation, within Studland Bay will
continue.

   10.2.   There are safety issues in Studland Bay caused by powerboats
      and/ or high-speed personal watercraft (jet-skis). Will MMO
      management cover this?

Dorset Council manage impacts on water safety in the area. There is a water safety
byelaw in place which restricts the speed of vessels in a designated area,
information can be found online.

11. Compliance and enforcement
   11.1.   How will anchoring management measures in Studland Bay MCZ
      be enforced?

A statutory measure is not being introduced at this time for anchoring. The MMO will
monitor the effectiveness of the voluntary approach as well as activity levels.

If required, the MMO’s compliance activities at this site will take place as part of the
MMO Compliance and Enforcement Strategy, which takes a risk based and
intelligence led approach. The MMO’s approach to compliance is based on three
principles: inform, educate and enforce. The MMO works to try to ensure that all
parties understand what rules apply and will provide guidance and raise awareness,
where possible, as a first step to achieving compliance. The MMO ensures there are
appropriate education periods for new legislation or rules in order to provide clarity
and enable compliance.

   11.2.     Will you be looking for members of the public to submit
      intelligence of those who are not complying with anchoring
      management?

The MMO would never direct non-MMO staff to gather evidence relating to non-
compliance on the MMO’s behalf. If you wish to send us information which you think
is useful, you are of course free to do so via info@marinemanagement.org.uk.

   11.3.  What will the penalties be for non-compliance with management
      measures in Studland Bay?

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A statutory measure is not being introduced at this time for anchoring. Through
monitoring, the MMO aims to understand how the voluntary measure is working,
collect further data on activity levels and ensure the most appropriate approach is
being taken in 2022.

If the voluntary approach is found to not be effective, the MMO will need to consider
whether a statutory byelaw is more appropriate, or where there is an urgent need to
protect the site, the MMO may introduce an emergency byelaw. Please read the
Studland Bay MCZ Habitat Protection Strategy (available online) for further details.

For information, the MMO takes a proportionate approach to non-compliance,
following the MMO Compliance and Enforcement Strategy. For statutory measures,
the MMO has a range of enforcement options, which can range from verbal and
written warnings to Financial Administrative Penalties and criminal prosecution.

12. Monitoring
   12.1.      What is a monitoring and control plan?

Monitoring and control plans coordinate the collection and analysis of information
regarding activity levels and ensure that any required management is implemented
in a timely manner. Monitoring and control plans will be put in place for the activities
assessed in the Studland Bay MCZ non-licensable activity assessment (available
online).

Please see Annex 4 (Monitoring and Control Process) in the Studland Bay MCZ non-
licensable activity assessment for an overview of this process.

   12.2.   How will the Studland Bay MCZ Habitat Protection Strategy and
      associated measures be monitored?

Please see the Studland Bay MCZ Habitat Protection Strategy (available online) for
more details on monitoring.

   12.3.    If the MMO use Automatic Identification System (AIS) data to
      monitor activity in Studland Bay, this will result in people switching it off
      which will be a safety concern.

The MMO is aware of the implications of monitoring and management measures put
in place. The MMO will not implement monitoring measures which will cause the
safety of people to be put at risk. AIS data has only been used in the assessment
(available online) to indicate where recreational boating takes place within Studland
Bay MCZ.

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   12.4.    Anchoring management in Studland Bay may cause
      displacement of anchoring to other areas. How has the MMO
      considered this?

Displacement within Studland Bay MCZ
Monitoring will determine if any displacement is occurring within Studland Bay MCZ
and whether any change to measures or additional management is required due to
impacts on designated features.

Displacement of anchoring activities to other areas of seagrass within the MCZ was
considered in the development of the management options. The phased approach
which introduces voluntary no anchor zones over 2021 and 2022 will ensure the full
seagrass habitat off South Beach is contained with this zone, thereby avoiding any
displacement impacts or increase in anchoring intensity within this sensitive habitat.

Displacement of anchoring activities to areas of subtidal sand within the MCZ has
been considered, however, areas of subtidal sand with no seagrass are not sensitive
to the pressures caused by anchoring.

Displacement outside Studland Bay MCZ

The potential impact of displacement to areas outside of Studland Bay MCZ does not
remove the requirement to ensure that marine non-licensable activities are managed
to further the conservation objectives of Studland Bay MCZ.

Activity levels within other designated marine protected areas will be monitored as
part of their site-specific assessments.

   12.5.   Will you monitor and manage damage to the seagrass from
      trampling on the shoreline?

The MMO will monitor activity levels for marine non-licensable activities throughout
the MCZ. Beach recreation activities are also within the jurisdiction of the Local
Authority and/or landowner. The MMO do not usually manage beach recreation
activities to avoid dual regulation. However, the MMO will look to work with other
regulators where activities are occurring and identified to be having an impact in
areas of regulatory overlap.

Between 0 and 12 nautical miles, Natural England work with partners to carry out
monitoring and assess the condition of features such as seagrass beds. Monitoring
of sensitive features like seagrass occurs more regularly than other features
because of the potential change of seagrass health over time. The MMO will use this
monitoring data to inform management decisions.

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13. Education and awareness
   13.1.   How will public be made aware of the Studland Bay MCZ Habitat
      Protection Strategy and associated measures?

Prior to and following the launch of the voluntary no anchor zone, MMO will be using
a range of communication channels to raise awareness of the management
approach. Plans include social media posts, news articles, on-site engagement and
physical resources such as leaflets. The MMO understands that there is a need to
engage at both a local and national level to ensure coverage for all those who use
Studland Bay. This will help users of the bay understand the voluntary measures.
The MMO recognise that this is an important step in the process to introduce
effective management.

   13.2.   Who can I get in contact with if I need help understanding the
      Studland Bay MCZ Habitat Protection Strategy and associated
      measures?

If you need help to understand the measures within the Studland Bay MCZ Habitat
Protection Strategy, please direct your queries to the Marine Conservation Team at
the MMO, via conservation@marinemanagement.org.uk.

14. Socio-economic impacts
   14.1.    How have impacts to the local economy, tourism and recreation
      in Studland Bay been considered?

The potential socio-economic impacts associated with any management measures
for Studland Bay were considered during the designation process. In designating
Studland Bay MCZ, the Secretary of State decided the environmental case for
designation outweighed these potential impacts.

Now that the site is designated, the Marine and Coastal Access Act 2009 requires
that the MMO exercises relevant powers to best further the conservation objectives
of the site. Social and economic factors cannot be used as a reason not to provide
the protection required to further the site’s conservation objectives. The MMO always
seeks to ensure that the social and economic costs of management are minimised,
providing the required level of environmental protection can be assured.

The MMO has engaged and will continue to engage with stakeholders regarding the
management of Studland Bay MCZ. The MMO has taken time to develop and
explore a range of options to ensure that the activities in Studland Bay MCZ continue
in a sustainable way.

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