Managing marine non-licensable activities in marine protected areas
How marine non-licensable activities are assessed and managed in marine protected areas (MPA)
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Marine non-licensable activities are those which do not require a marine licence. These include shore based activities such as bait collection and beach recreation as well as water based activities such as sailing and motor boating.
For more information on activities that do require a marine licence, please see the marine licences page.
For information on how fishing activity is managed in MPAs, please see managing fisheries in marine protected areas.
Managing marine non-licensable activities in MPAs
Our seas have a great variety of marine life and habitats, many of which are rare and of national importance. Marine protected areas (MPAs) help make sure that these are guarded from the increasing pressures of human activity.
There are over 175 MPAs in English waters, these include European marine sites (EMS) and marine conservation zones (MCZ).
EMS collectively describes special areas of conservation (SAC) and special protection areas (SPA) that are covered by tidal waters. They protect some of our most important marine and coastal habitats and species of European importance. EMSs are designated, in England, under the Conservation of Habitats and Species Regulations 2017 and the Offshore Marine Habitats and Species Regulations 2017.
They include:
- special areas of conservation – designated for habitats and species;
- special protection areas – designated for rare and vulnerable birds.
MCZs protect species and habitats of national importance and are designated under the Marine and Coastal Access Act 2009. There are currently 91 designated MCZs. To view all English MPAs visit our Explore Marine Plans.
MMO Responsibility
The MMO is responsible for the management of marine non-licensable activities which take place within MPAs within its jurisdiction (0-12 nautical miles, nm).
This does not include activities which take place on the foreshore, as these fall within the remit of other regulators including local authorities. Please see our document on Management of Marine Non-Licensable Activities for further information.
The MMO will initially focus on the management of marine non-licensable activities including, but not limited to:
- non-motorised water craft (e.g. kayaks, windsurfing, dinghies);
- powerboating or sailing with an engine – anchoring and mooring, launching and recovery, participation;
- sailing without an engine - anchoring and mooring, launching and recovery, participation; and
- diving and snorkelling.
Studland Bay MCZ
The MMO has introduced the Studland Bay MCZ Habitat Protection Strategy which sets out the management approach for marine non-licensable activities in Studland Bay MCZ. Please visit our dedicated page, Studland Bay MCZ, for further details.
MMO marine non-licensable activity management process
1. MPA assessment
To understand the impact of marine non-licensable activity on MPAs, an MPA assessment is completed. This provides information on the MPA designated feature(s), details of what marine non-licensable activity takes place within the area and the impact of this activity on the site feature(s).
2. Site management
If the MPA assessment finds that a certain marine marine non-licensable activity may have a significant effect, the next step is to identify how to avoid or mitigate the impacts. This includes potential management measures, which are recommended in consultation with a range of stakeholders.
Management of marine non-licensable activities within an MPA will be only be applied to the affected area of an MPA, rather than the entire site, if the evidence is available. This allows for the feature to be protected, whilst enabling marine non-licensable activities which do not have a significant impact to continue.
Not all MPAs need permanent management measures for marine non-licensable activity. If the MPA assessment finds that the marine non-licensable activity does not have a significant impact on the MPA features, management measures will not be implemented. However, to ensure any changes in site activities are captured, the site will be monitored.
3. Management measures
Examples of possible management options for marine non-licensable activity include the following:
- Education and communication with the public and site users, for example, the use of signage, codes of conduct and good practice guidance.
- Voluntary measures, for example, voluntary agreements on where activities can take place.
MMO Byelaws
Management measures to reduce the impact of marine non-licensable activities within MPAs may be introduced through an MMO byelaw. The byelaw sets out the affected area within the MPA and the activity restrictions.
MMO byelaws are subject to public consultation before they are introduced, except for emergency MMO byelaws, which are time limited, but can be introduced when there is an urgent need to protect an MPA.
4. Site monitoring
Due to the changing nature of our seas, site features can change over time. Also, our understanding of MPA sites and the impact of marine non-licensable activities on them continues to increase. It is important that we continue to monitor all MPAs, to ensure their features remain protected and enable marine non-licensable activities to continue where possible.
Last updated 1 June 2022 + show all updates
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MPA update
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Studland Bay update
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Rationale Updated
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Review and update of page content
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First published.