Ramsey Harbour ASSI

Summary

The requester asked for full designation documents and maps for the de-notified Ramsey Harbour ASSI, and the authority confirmed that all information was sent while providing a detailed ministerial statement explaining the decision to de-notify the site.

Key Facts

• The Ramsey Harbour Area of Special Scientific Interest (ASSI) was de-notified by the Minister of the Department of Environment, Food and Agriculture.
• The Minister cited a lack of independent review and a confrontational process as reasons for the de-notification.
• The original designation documents and reasons remain available on the Department's website.
• The Minister proposed a more collaborative approach for future designations, citing the Ramsey Bay Marine Nature Reserve as a model.
• The site was originally designated in March 2010 to protect estuarine habitats, including the island's second largest saltmarsh.

Data Disclosed

• 2021-12-06
• 2022-01-04
• March 2010
• 71%
• 5 pages
• 2 documents
• section 27

Original Request

Please can you provide the full Designation Documents, including Appendices, for the de-notified Ramsey Harbour Area of Special Scientific Interest (ASSI), including the full citation paperwork and maps which were used at the time of notification of the ASSI.

Data Tables (1)

Full Response Text

2 which is taken by myself alone as Minister of the Department of the Environment, Food and Agriculture, as allowed for in the legislation.

The current process involves my Department, through its officers, identifying those areas which have a special interest by reason of their flora, fauna, or geological or physiographical features. The Department then consults with the Wildlife Committee (made up largely of senior and specialist Department officers, a specialist from Manx National Heritage and 2 external wildlife specialists), and if the Department still considers an area worthy of designation as an ASSI it then informs owners/occupiers that the area has been so designated and formal consultation then takes place, with the land protected during discussions.

The difficulty I have with this process is that it is heavily influenced by my Department from start to finish and it may appear to interested parties that they are being presented with a fait a complit , especially as once the designation has been notified and consultation completed, the final decision still remains with the Department.

In addition to this lack of independent review, I am also concerned that from the moment of designation there are restrictions placed upon all users of the area and any activities have to be ‘consented’ by my Department. This has a very negative impact and creates a period of uncertainty as we attempt to ‘regularise’ activities which may have been carried out in the same way for decades. I feel there is a need for these issues to be advanced in a collaborative and open manner, rather than the confrontational way which developed on this occasion. Government should aim to govern with and for the people, not to be seen as dictating ‘to’ the people.

I can fully understand the need for strong powers where an area is seen to be ‘at risk’, and that there needs to be a way in which Government can quickly protect an area to avoid a wilful act of environmental destruction. However, there is an argument that these powers should be available, but only able to be used in exceptional circumstances.

It is therefore left to me to determine how my Department should move forward in regard to this site and other future ASSI locations. I am particularly encouraged by the approach adopted to develop the Marine Nature Reserve (MNR) in Ramsey Bay. The consultation to be commenced shortly will allow all interested parties to express their views on the area off Ramsey Bay, but the proposal has already been worked up in partnership with the fishermen and conservation bodies. I hope that this will lead to the first MNR of its type in the British Isles and be an example of good practice and engender popular public support. I feel that this process is deserving of further investigation and could be developed as good Manx practice in regard to the designation of future ASSI’s.

I believe that we can often achieve more by adopting a collaborative approach but this will require investigation within my Department as to the current legal responsibilities, our guidelines and operational practices and our international commitments. I wish to avoid the situation where many members of our community look at environmental protection as being a negative restrictor on their freedoms and

3 opportunities for development, rather, I want my Department to be ambassadors of good practice who educate and encourage communities and individual land owners to see the future benefits of a growing level of environmental awareness and protection.

With this in mind, I am tasking my Chief Executive to work with our officers and my political colleagues in DEFA to consider the issues raised in this decision and to identify options to move forward with regard to future ASSI designation.

In closing, I would like to say that I was overwhelmed by the level of interest shown in this matter and would like to thank all those persons who took the time and the effort to submit their written comments on the proposal.

This has been an exceptionally difficult decision to take particularly in view of the fact that this is the Year of Biodiversity and as Environment Minister I have a significant responsibility to set an example, on behalf of your Government, to ensure we protect our fragile and precious environment.

Nevertheless, I am confident that not only is the decision correct in these circumstances but that the process that will flow from the decision will be one that not only protects our environment but is also one that has the confidence and support of the people we represent.”

ENDS

Notes 1. The original reasons for designation and the designation documents remain available on the Department’s website www.gov.im/defa 2. The designation process is provided in section 27 of the Wildlife Act, available from the Tynwald Library. 3. The designation was signed in March 2010 in order to protect the estuarine habitats, in particular the saltmarsh (the second largest area and the only estuarine type on the isle of Man) and estuarine inter-tidal mud and sand (71% of the remaining estuarine intertidal flats on the Isle of Man) which are all of very restricted extent on the Island, and the uniqueness of the site on the Isle of Man in having the zonation and range of related estuarine habitats.

For more information: John Shimmin, MHK, Minister DEFA

Mob Tel: 07624

Freedom of Information Co-ordinator Corporate Services Directorate Thie Slieau Whallian, Foxdale Road, St John’s, Isle of Man, IM4 3AS Tel no (01624) 685854 Fax no (01624 685851 Email: defa@gov.im www.gov.im

Our ref: 2132745 4th January 2021

Dear ###

We write further to your request which was received on 6th December 2021 and which states:

"Please can you provide the full Designation Documents, including Appendices, for the de-notified Ramsey Harbour Area of Special Scientific Interest (ASSI), including the full citation paperwork and maps which were used at the time of notification of the ASSI."

Response The Freedom of Information Act 2015 only applies to “information created on or after the 11 October 2011”. The information you request was created in 2010. Further information We are however, content to supply the information under the Code of Practice on Access to Government Information. The information is enclosed.

Please quote the reference number 2132745 in any future communications.

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I will now close your request as of this date.