NSAC Advises Commission on MSP and Stakeholder Engagement

The NSAC write:

“The North Sea is a particularly crowded sea basin. With offshore wind being given a political priority, the space for other users is narrowing, and conflicting uses are arising, creating an unwelcome opportunity for disputes. Being at the receiving end of unfavourable repercussions of spatial planning priorities, fisheries are trying to make their voices heard by continuously pointing out traditional fishing grounds to be taken into account when planning space for new activities.

“To explore the state of play in MSP in view of the so-called ‘spatial squeeze’ in the North Sea, and the role the NSAC can play in these processes, we organised a workshop on MSP and Stakeholder Engagement on 3rd May 2023 in Brussels, with a wide spectrum of experts from national administrations, ICES, OSPAR, environmental NGOs, fisheries, offshore wind, researchers etc. The workshop covered a wide range of topics, such as including transboundary cooperation, research priorities, multiuse and coexistence concepts, and cumulative effects.”

The NSAC held the workshop following the signing of the Ostend Declaration on 24 April 2023, which allowed for the accelerated deployment of offshore wind power in the North Sea, which is set to more than quadruple current energy production in the North Sea from 120GW by 2030 to at least 300GW by 2050.

“The North Sea is set to become increasingly crowded as a result of this agreement alone,” states the NSAC.

“If the NSAC can fulfil its mission and present itself as a forum for wider stakeholder engagement in fisheries and ecosystem management, this could result in management measures that are co-created by the stakeholders and therefore rendered more legitimate,” the Advisory Council informs the Commission.

In its advice, the NSAC offers 32 findings.

NSAC Advice

Considering the findings of the MSP and Stakeholder Engagement workshop, NSAC advises the following:

1. Innovation is key for effective MSP and promoting coexistence. Innovative thinking needs to be applied across the board, particularly to fishing methods, wind energy operations, and funding. There are innovative approaches to enhance energy generation and seafood supply without needing to take up more space.
2. The legal governance framework for MSP must be strengthened to give fisheries and nature conservation a stronger voice in MSP discussions.
3. Member States must also adopt a regional approach to monitoring the cumulative impacts of human activities, including transboundary cooperation and collaborative planning.
4. Coherence with other EU legislation should be improved and the EU needs to work on developing a joined-up approach to spatial management with clear boundaries and targets.
5. Facilitating improved stakeholder engagement in national decision-making processes will be essential, as well as sharing of data and information between neighbouring countries.
6. Governments and offshore operators must recognise their responsibility to provide feedback to stakeholders regarding how their input has been integrated into the planning process.
7. Environmental considerations detailed in wind farm tenders should be shared transparently, and timely and adequate stakeholder engagement in the assessment process should be ensured. Climate and ecosystem considerations should be prioritised and mainstreamed into MSP decisions.
8. The effect of climate change and associated distributional changes in fish stocks poses a challenge for the future of MSP, which should be adequately recognized in future plans (through levels of uncertainty), while fisheries science with climate considerations develops.
9. In terms of nature conservation, more attention should be placed on ensuring the effectiveness of existing conservation measures, while improving management plans and implementation of any new nature protection areas. In general, nature’s stake in co-existence should be given the necessary consideration.
10. The NSAC has scope to be the voice for the industry and nature conservation in MSP given its direct channels of communication with the policy-makers. However, the NSAC will remain mindful of its primary remit to advise on the CFP, as well as of its resourcing and capacity.
11. All North Sea Member States should dedicate sufficient space to fulfil all three objectives: food security, nature conservation and energy security, mindful of the trade-offs that will inevitably take place when designing marine space for different users.
12. While OSPAR does not manage fisheries or deal with MSP directly, it could be a key partner in promoting ecosystem-based management through a variety of its products and groups. To this end, the NSAC will explore avenues for further collaboration with OSPAR as well as the Maritime Spatial Expert Group (MSEG).
13. MSP provides an excellent mechanism to promote long-term ecosystem-based management supported with high quality data and analysis. OSPAR’s Data and Information Management System (ODIMS) should be further explored for crosssectoral analyses and methods for assessment of cumulative effects in the marine environment building a practical approach for regional scale ecosystem-based management.
14. In relation to the multi-use, it is important to create controlled environments to allow activities to develop safely. The so-called ‘mariparks’ – a nature inclusive maritime business area to facilitate multi-use – should be explored as a viable option in the future.
15. ICES has recognised the need to act urgently on MSP to fill knowledge gaps, develop and use best practices, and synthesise information, given the rapid transformation of ocean space. The policy-makers and the NSAC members should closely follow and feed into the developments of ICES working groups, where relevant.
16. Member States should avoid ambiguous and subjective designations and allocations of space without adequate evidence and backing. In addition, MS should set aside low-impact areas for the development of offshore wind infrastructure as part of their MSP plan.
17. The fear held by fishers of being driven out of their traditional fishing grounds is legitimate. The industry’s claim for marine space is important from a food security argument, and further claims could be made under the remit and goals of the Common Fisheries Policy (CFP).
18. Accurate fisheries data is key for informing MSP. Making fisheries data accessible to wind farm developers at the start of the planning process gives fisheries a stronger voice in MSP decisions. Fishing industry should consider mapping out their important fishing grounds and making this data available to national administrations for effective governance.
19. Fisheries should liaise with their authorities and neighbouring countries where possible, to encourage data harmonisation and sharing between parties. 
20. Member States should work to establish a dialogue between offshore wind operators and fisheries bodies. A continuous line of communication should also be established with third countries directly affected by the MSP decisions, including on sharing best practices.
21. Member States should consider sharing data in order to stimulate MSP discussions at a regional level, which can support the identification of cumulative impacts.
22. Following an example from the UK’s Marine Spatial Prioritisation Programme, engagement with a wide range of stakeholders, working together to co-develop a more holistic and inclusive MSP plan could be further explored. Activities may include identification of co-location opportunities, as well as mapping biodiversity and human activity.
23. To avoid pre-empted and rash decisions, unjust and unwelcome trade-offs, increase legitimacy and ensure buy-in by all users, the NSAC strongly recommends early and comprehensive engagement of stakeholders in MSP processes on all governance levels. “Intelligent decision-making” involves whole-of-society approach.
24. BarentsWatch is a resource that supports an online, interactive map of MSP activities in Norwegian waters. A regional project might attempt to develop a similar tool for the North Sea.
25. Member States should take note of the Dutch North Sea Council – a political platform that facilitates discussions about the coexistence of nature, fisheries, and energy, while taking other interests into account. The resulting North Sea Agreement, containing actions for implementation by 2030, should set a positive example for other Member States.
26. Following the Dutch example of government-controlled windfarms, similar approach might be taken in other MS. This would ensure uniform approach to windfarm development and regulated access.
27. In the view of the NSAC, political priorities should not translate to regulatory breaks or loosening of existing regulations and rules to allow for accelerated processing (as is often the case with offshore wind proliferation), as this might bring unintended consequences that might only be detected post-festum.
28. 28. Sufficient baseline data on people, stocks, and habitats that will be impacted by the vast expansion should be built before any development and assessment processes. Planning decisions should be transparent in terms of costs and benefits across stakeholder groups and ensure adequate levels of stakeholder engagement.
29. MS should follow the example of The Netherlands as the only North Sea country that has accounted for restoration within its MSP plan.
30. MS might want to follow the example of UK’s obligation on offshore developers to ensure biodiversity net gain and the Lyme Bay Fisheries and Conservation Reserve, where fishing and nature conservation coexist.
31. Nature-based MSP design could offer a way forward and low trophic aquaculture, such as seaweed farming, could be a positive approach to enhancing habitats and contributing to conservation.
32. Space could be made within the NSAC’s membership for additional marine actors, such as the offshore wind energy sector. This could help to ensure fisher views are communicated to operators at an early stage. At the same time external stakeholders, such as energy companies, could be encouraged to learn about and engage in the NSAC work, which should be further promoted.