Closed consultation

Consultation letter - MGN 687

Published 28 June 2023

Consultation on Draft Marine Guidance Note 687 (M+F) Safety of Navigation: Methodology for Assessing Marine Navigation Safety and Emergency Response Risks of Fin/Shellfish and Seaweed/Algal Farms

Dear Consultee,

This consultation seeks comments on a draft Marine Guidance Note (MGN) on the Methodology for Assessing Marine Navigation Safety and Emergency Response Risks of Fin/Shellfish and Seaweed/Algal Farms.

1. Background

Where a marine licence is required for a marine licensable activity (including but not limited to construction, deposit, and removals at sea), the marine licence application must be supported by a proportionate Navigation Risk Assessment (NRA) to determine the extent of the ‘interference with other legitimate uses of the sea’ as per relevant legislation.  To support the fin/shellfish farm and seaweed/algal industries, the Maritime and Coastguard Agency (MCA) in consultation with interested parties, has produced guidance in the form of draft Marine Guidance Note 687 (M+F) on the key aspects to be considered on a case-by-case basis which is proportionate to the scale of the works.  Its intention is to help the industry provide a useful and effective assessment of risk to avoid any delays during the formal marine licence application stage.

2. We would like to hear from you

We would welcome your comments on the draft MGN on Methodology for Assessing Marine Navigation Safety and Emergency Response Risks of Fin/Shellfish and Seaweed/Algal Farms. We are asking for respondents to complete Annex A (Questionnaire on draft MGN document), review Annex B (Draft MGN document) and complete Annex C (Consultation feedback form).

3. Responding to the consultation

You are invited to complete the questionnaire provided at Annex A which is a document containing nine questions on the draft MGN that you can complete, save and return by email. Annex B is the draft MGN for review, and if you have any specific comments on the text of the draft MGN, please put these in question 9 of Annex A.

It is requested that the completed form (Annex A) be returned via e-mail to navigationsafety@mcga.gov.uk.

If you do not have access to e-mail, you can respond via post to :

The Maritime & Coastguard Agency,
Technical Services Navigation Team,
Bay 2/25,
105 Commercial Rd,
Southampton SO15 1EG.

This consultation will close on 23 August 2023.

A summary of consultation responses will be posted on the same GOV.UK page as the consultation in due course, and normally within 3 months of consultation completion. If you subscribe to notifications on the GOV.UK Policy and Consultations page, you will receive a notification when an Outcome Report is uploaded. Here is a link to the GOV.UK Policy and Consultations page: https://www.gov.uk/search/policy-papers-and-consultations.The “organisation” drop-down meu on the left had side can be used to select the MCA postings, thus limiting your notifications to these.

4. Commenting on the way the consultation was conducted

An opportunity to comment on how the consultation was conducted is also available, and a form is provided for this at Annex C. It is requested that any comments on the consultation process be saved in the Annex C form and emailed to MCA at consultation.coordinator@mcga.gov.uk

Please note that the Consultation co-ordinator is separate from the subject matter of the consultation and is not able to amend the draft documents. It is therefore important that any comments on the subject matter of the consultation (as opposed to the way it was conducted) are sent to navigationsafety@mcga.gov.uk.

5. Freedom of Information

Information provided in response to this consultation, including personal information, may be subject to publication or disclosure in accordance with the Freedom of Information Act 2000 (FOIA) or the Environmental Information Regulations 2004.

If you want the information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence. In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances.

An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Department/MCA. The MCA will process your personal data in accordance with the data protection framework and, in the majority of circumstances, this will mean that your personal data will not be disclosed to third parties.

6. Data Protection

The MCA is conducting this consultation to gather evidence. The consultation is being carried out in the public interest to inform the development of guidance. This consultation and the processing of personal data that it entails is necessary for the exercise of our functions as a government department. If your answers contain information that allows you to be identified, under data protection law, the MCA, as an Executive Agency of the Department for Transport, will be the Controller for this information.

The MCA will use your contact details to send you information about the consultation, for example if we need to ask follow-up questions, as part of its functions as a government department. Your information will be kept secure and will not be used for any other purpose without your permission.

To find out more about how the MCA looks after personal data, your rights, and how to contact our data protection officer, please go to: https://www.gov.uk/government/organisations/maritime-and-coastguard-agency/about/personal-information-charter

Your information will be kept securely on the MCA’s IT system and any written responses will be held in a secure file and cabinet and kept until no longer required.

If you do not wish to remain on this consultation list, please reply and let us know at navigationsafety@mcga.gov.uk.

Yours faithfully,

Helen Croxson, Marine Licensing Lead, UK Technical Services Navigation

Please find attached to this consultation:

Annex A: Questionnaire on the subject matter of the consultation.

Annex B: Draft MGN for your review.

Annex C: MCA consultation feedback form, for comments on the way in which the consultation was conducted.