Dear Sir/Madam,Date: 09 November 2016 Natural England,
Our ref: Liverpool Bay / Bae Lerpwl pSPA Hornbeam House,
Electra Way,
Crewe,
CW1 6GJ
Dear Sir/Madam,
Our ref: Liverpool Bay / Bae Lerpwl pSPA Hornbeam House,
Electra Way,
Crewe,
CW1 6GJ
Dear Sir/Madam,
FORMAL CONSULTATION ON THE PROPOSED CHANGES TO LIVERPOOL BAY / BAE LERPWL SPECIAL PROTECTION AREA (pSPA) – COMMENCING 9 NOVEMBER 2016
This letter is to inform you about the formal consultation being undertaken by Natural England and the Joint Nature Conservation Committee (JNCC) regarding the proposed changes to Liverpool Bay / Bae Lerpwl potential Special Protection Area (pSPA). A brief explanation of Special Protection Areas (SPA) is given below in the background section. The pSPA includes an extension to the seaward boundary of the existing Liverpool Bay SPA to afford protection to little gull and discrete landward extensions for foraging terns. The existing SPA protects common scoter and red-throated diver and a water bird assemblage. Further to the addition of little gull, it is also recommended for common tern and little tern to be included as foraging features of the SPA. Furthermore, cormorant and red-breasted merganser will be named features of the waterbird assemblage.
For details on how to respond to the proposal, the formal consultation pack may be accessed at
https://www.gov.uk/government/consultations/liverpool-bay-bae-lerpwl-special-protection-area- extension-comment-on-proposals. It includes:
Background
Natural England and the JNCC work as the Government’s statutory adviser to identify and recommend potential Special Protection Areas in terrestrial and marine areas of England, in order to meet the requirements of the European Birds Directive.
Together with the Habitats Directive, the Birds Directive requires the creation of a network of protected areas for important or threatened wildlife habitats and species across the European Union known as ‘Natura 2000’ sites. Once sites are proposed as SPAs they are recommended to government for approval to carry out a formal public consultation. When approval is given to consult, the site becomes a potential Special Protection Area (pSPA) and treated as a fully designated European site subject to protection under the EU Habitats Directive1. The formal consultation period runs for thirteen weeks. This letter sets out the process of how you can respond to the consultation.
Liverpool Bay / Bae Lerpwl SPA lies in English and Welsh territorial waters and partly in UK offshore waters. While Natural England and Natural Resources Wales have the responsibility to advise their respective governments on conservation matters in territorial waters (within 12 nautical miles), the Joint Nature Conservation Committee have an equivalent responsibility in UK offshore waters (beyond 12 nautical miles). Natural England, Natural Resources Wales and the Joint Nature Conservation Committee have jointly recommended these proposed changes to the SPA to the Department of Environment, Food and Rural Affairs (DEFRA) and Welsh Government. Natural England, Natural Resources Wales and the JNCC consult on behalf of the respective governments, however, all consultation responses should be submitted to Natural England.
Liverpool Bay / Bae Lerpwl pSPA
The proposed changes include an area to the north and west of the existing SPA, identified to support non-breeding little gulls. It also includes a marine foraging area for terns identified and defined by little terns breeding within The Dee Estuary SPA and the predicted foraging area for common terns breeding within Mersey Narrows & North Wirral Foreshore SPA. These areas add marine habitat extending into the Mersey Estuary, and a small intertidal area abutting the western boundary of The Dee Estuary SPA. The new pSPA site overlaps with the potential site for Anglesey Terns / Morwenoliaid Ynys Môn pSPA.
The pSPA therefore comprises areas for foraging breeding seabirds, and non-breeding seabirds and waterbirds.
The new features proposed are little gull, common tern and little tern. Red-breasted merganser and cormorant are proposed as new main components of the waterbird assemblage.
The purpose of the formal consultation
The purpose of this consultation is to seek the views of all interested parties on the scientific case for classification of the pSPA.
Under an EU ruling, the Habitats and Birds Directives do not permit socio-economic considerations to influence the choice of Natura 2000 sites (SPAs and Special Areas of Conservation) or their boundaries. Member states, including the UK, must identify the sites and boundaries based only on
1 http://ec.europa.eu/environment/nature/legislation/habitatsdirective/
the scientific evidence.
Government guidance requires Natural England and the JNCC to assess the potential costs of decisions such as classifying the Liverpool Bay / Bae Lerpwl pSPA. Whilst the information gathered in this assessment cannot influence the decision to classify the site, it will allow those with an interest in the site to understand the socio-economic impacts that could come from it.
In England where the costs of the pSPA’s classification are considered to be significant a socio- economic impact assessment would be produced and published for comment as part of this formal consultation. In relation to the Liverpool Bay / Bae Lerpwl pSPA, a preliminary assessment concluded that the costs were relatively low and below the threshold that would trigger that requirement. The assessment made included the offshore area. In Welsh waters the Welsh Assembly Government use a different approach and are consulting on that separately.
Following the consultation
After the consultation, Natural England and JNCC will jointly report to the Department for the Environment Food and Rural Affairs (Defra) on stakeholder responses to the formal consultation and submit final site recommendations. Likewise, Natural Resources Wales will report to Welsh ministers and submit final site recommendations to them. Following consideration of these final recommendations, the governments will decide whether to classify the pSPA or not and inform the European Commission.
If you have any queries regarding the SPA consultation please email them to Liverpool.BaySPA@naturalengland.org.uk or post to:
FAO: Liverpool Bay pSPA Natural England Hornbeam House, Electra Way,
Crewe. CW1 6GJ
If you do not think you are the most appropriate person in your organisation to receive this letter, please forward it on to a colleague. In the event of this happening we would appreciate it if you could let us know so we can maintain the register of interest.
Yours faithfully,
Katherine Nisbet Marine Lead Adviser Natural England
Telephone: 0300 060 3900
For details on how to respond to the proposal, the formal consultation pack may be accessed at
https://www.gov.uk/government/consultations/liverpool-bay-bae-lerpwl-special-protection-area- extension-comment-on-proposals. It includes:
- Consultation summary: Provides full guidance on the consultation, including important information about confidentiality and how to respond;
- Departmental Brief: A description of site status, site boundary (including maps), assessment of ornithological interest including an assessment against the UK criteria for selection of SPA’s and comparison with other sites in the UK.
If you are unable to access the consultation page, please use the contact details provided at the end of this letter and we will send hard copies of the consultation documents.
The consultation deadline is 5pm on 8th February 2017
Background
Natural England and the JNCC work as the Government’s statutory adviser to identify and recommend potential Special Protection Areas in terrestrial and marine areas of England, in order to meet the requirements of the European Birds Directive.
Together with the Habitats Directive, the Birds Directive requires the creation of a network of protected areas for important or threatened wildlife habitats and species across the European Union known as ‘Natura 2000’ sites. Once sites are proposed as SPAs they are recommended to government for approval to carry out a formal public consultation. When approval is given to consult, the site becomes a potential Special Protection Area (pSPA) and treated as a fully designated European site subject to protection under the EU Habitats Directive1. The formal consultation period runs for thirteen weeks. This letter sets out the process of how you can respond to the consultation.
Liverpool Bay / Bae Lerpwl SPA lies in English and Welsh territorial waters and partly in UK offshore waters. While Natural England and Natural Resources Wales have the responsibility to advise their respective governments on conservation matters in territorial waters (within 12 nautical miles), the Joint Nature Conservation Committee have an equivalent responsibility in UK offshore waters (beyond 12 nautical miles). Natural England, Natural Resources Wales and the Joint Nature Conservation Committee have jointly recommended these proposed changes to the SPA to the Department of Environment, Food and Rural Affairs (DEFRA) and Welsh Government. Natural England, Natural Resources Wales and the JNCC consult on behalf of the respective governments, however, all consultation responses should be submitted to Natural England.
Liverpool Bay / Bae Lerpwl pSPA
The proposed changes include an area to the north and west of the existing SPA, identified to support non-breeding little gulls. It also includes a marine foraging area for terns identified and defined by little terns breeding within The Dee Estuary SPA and the predicted foraging area for common terns breeding within Mersey Narrows & North Wirral Foreshore SPA. These areas add marine habitat extending into the Mersey Estuary, and a small intertidal area abutting the western boundary of The Dee Estuary SPA. The new pSPA site overlaps with the potential site for Anglesey Terns / Morwenoliaid Ynys Môn pSPA.
The pSPA therefore comprises areas for foraging breeding seabirds, and non-breeding seabirds and waterbirds.
The new features proposed are little gull, common tern and little tern. Red-breasted merganser and cormorant are proposed as new main components of the waterbird assemblage.
The purpose of the formal consultation
The purpose of this consultation is to seek the views of all interested parties on the scientific case for classification of the pSPA.
Under an EU ruling, the Habitats and Birds Directives do not permit socio-economic considerations to influence the choice of Natura 2000 sites (SPAs and Special Areas of Conservation) or their boundaries. Member states, including the UK, must identify the sites and boundaries based only on
1 http://ec.europa.eu/environment/nature/legislation/habitatsdirective/
the scientific evidence.
Government guidance requires Natural England and the JNCC to assess the potential costs of decisions such as classifying the Liverpool Bay / Bae Lerpwl pSPA. Whilst the information gathered in this assessment cannot influence the decision to classify the site, it will allow those with an interest in the site to understand the socio-economic impacts that could come from it.
In England where the costs of the pSPA’s classification are considered to be significant a socio- economic impact assessment would be produced and published for comment as part of this formal consultation. In relation to the Liverpool Bay / Bae Lerpwl pSPA, a preliminary assessment concluded that the costs were relatively low and below the threshold that would trigger that requirement. The assessment made included the offshore area. In Welsh waters the Welsh Assembly Government use a different approach and are consulting on that separately.
Following the consultation
After the consultation, Natural England and JNCC will jointly report to the Department for the Environment Food and Rural Affairs (Defra) on stakeholder responses to the formal consultation and submit final site recommendations. Likewise, Natural Resources Wales will report to Welsh ministers and submit final site recommendations to them. Following consideration of these final recommendations, the governments will decide whether to classify the pSPA or not and inform the European Commission.
If you have any queries regarding the SPA consultation please email them to Liverpool.BaySPA@naturalengland.org.uk or post to:
FAO: Liverpool Bay pSPA Natural England Hornbeam House, Electra Way,
Crewe. CW1 6GJ
If you do not think you are the most appropriate person in your organisation to receive this letter, please forward it on to a colleague. In the event of this happening we would appreciate it if you could let us know so we can maintain the register of interest.
Yours faithfully,
Katherine Nisbet Marine Lead Adviser Natural England
Telephone: 0300 060 3900