This chapter focuses on the process of designation of MCZs in English waters at the basis of MCZs designation. The designation of MCZs is a very interesting case to study attempts at democratising conservation regulation as it has contemplated extensive participation. Departing from the technocratic and purely science-based approach to site selection typical of domestic and European nature conservation law, socio-economic considerations and participatory techniques have been key elements of the designation process of MCZs in England from the start. However, a critical reading of the participatory approach reveals certain weaknesses, mainly to do with the choice of an aggregative rather than a deliberative model of democracy. Advocating for a relational ontology and epistemology, the chapter ends with a call for bringing forth new, ‘thicker’ models of participation that are more attentive to multiple forms of communication and identities and more conducive to commoning practices.

This chapter explores impact assessments (IAs) used for designating Marine Conservation Zones. It starts with an introduction to IAs, leading to a theoretical discussion of cost-benefit analysis as a tool for rationalising regulation. It follows with a critical review of IAs produced by the regional stakeholder groups using umbrella questions derived from the theoretical analysis and then it asks if and how the formal IAs produced by the government for the designation of the three tranches of Marine Conservation Zones constitute an improvement compared to the regional stakeholder groups’ IAs before offering concluding remarks. Throughout the chapter, connections with the concept of commoning are made arguing that IAs for MCZs, by employing economic language in decision-making and focusing on industry costs over benefits, favour the voices of a few over collective ones, highlight interests at the expenses of values and undermine the potential for ethical consideration to play a role in assessment, thereby failing to encourage a shared ethics of care and responsibility towards the marine environment, hence not favouring commoning practices.