Description

Low flying military aircraft

Key locations

Throughout the Berwickshire and Northumberland coast but more frequent in North  Northumberland

Frequency

Daily

Potential issues

  • Noise disturbance to seals and birds

Features of Marine Protected Areas which might be affected

  • Grey seal
  • Birds (wintering and breeding)

Legal Responsibilities or Duties (England)

A number of legal powers, duties or regulatory tools exist which are relevant to this activity and its management. These are summarised in the table below:

Legal Power, Duty or Regulatory Tool Relevant Legislation Lead Organisation
Habitats Regulations Assessment (HRA) of impacts

 

The Conservation of Habitats and Species Regulations 2017 (Regulation 63) All Competent or Responsible Authorities as defined by the Regulation.

Details of Current Management (England)

  • Low flying exclusion zones around important bird areas
  • All UK SACs and SPAs feature in Naval Command HQ (NCHQ) guidance for naval activities, which is endorsed by UK statutory nature conservation bodies
  • All UK marine SACs and SPAs are identified within generic NCHQ guidance to its Commanding Officers for operations in or adjacent to marine protected areas
  • This guidance is followed during training evolutions and will be considered during active operations
  • Where the guidance is incompatible with military requirements an escalating system of environmental assessment is employed to avoid any likely significant effect in accordance with the Conservation of Habitats and Species Regulations 2017
  • Military guidance is currently under review with the UK Statutory Nature Conservation Bodies

Gaps in Management (England)

None

Legal Responsibilities or Duties (Scotland)

A number of legal powers, duties or regulatory tools exist which are relevant to this activity and its management. These are summarised in the table below:

Legal Power, Duty or Regulatory Tool Relevant Legislation Lead Organisation
Habitats Regulations Appraisal (HRA) of impacts

 

The Conservation (Natural Habitats, &c.) Regulations 1994 (Regulation 48) All Competent or Responsible Authorities as defined by the Regulation.

Details of Current Management (Scotland)

  • Low flying exclusion zones around important bird areas
  • All UK SACs and SPAs feature in Naval Command HQ (NCHQ) guidance for naval activities, which is endorsed by UK statutory nature conservation bodies
  • All UK marine SACs and SPAs are identified within generic NCHQ guidance to its Commanding Officers for operations in or adjacent to marine protected areas
  • This guidance is followed during training evolutions and will be considered during active operations
  • Where the guidance is incompatible with military requirements an escalating system of environmental assessment is employed to avoid any likely significant effect in accordance with the Habitats Regulations
  • Military guidance is currently under review with the UK Statutory Nature Conservation Bodies

Gaps in Management (Scotland)

None