The Scottish Government

FISHERIES COMMITTEE (ELECTRICITY)

Fisheries Committee Membership

Robert McGillivray BSc, CEng, FICE, FCIWEM - Chairman

Retired Chartered Civil Engineer, formerly Chief Engineer and Under Secretary of Scottish Office Environment Department (1987-1991); former Member of Council of the Institution of Civil Engineers.

Dr Lindsay M Laird, MA, PhD, FIFM

Fisheries biologist specialising in wild and farmed salmonids; member of the Salmon Advisory Committee and Scottish Salmon Strategy Taskforce; currently Senior Fellow and Advisor of Studies, University of Aberdeen and Chairman of the Organic Fish Producers Association.

Dr Peter R O Barnett MBE, BSc, PhD

Forty-one years researching the effects of coastal power stations on the marine environment, particularly the long-term effects of the Hunterston nuclear generating stations on the Firth of Clyde; senior author of the most recent international review of pollution from power stations and the effects on coastal environments and management.

R Niall Graham-Campbell FRICS, NDA, MIFM

Chartered surveyor in private practice; managed river fisheries in Highlands since 1963; acts as Expert Witness in fisheries cases; has managed Commercial Salmon Net Fishing Stations and supervised design; construction and operation of fish hatcheries; has been a member, Chairman and Secretary to District Salmon Fishery Boards and a member of the Tay District Advisory Committee.

Robert B Williamson OBE, BSc, FIFM

Fisheries biologist and administrator in Scotland and overseas (1958-1978); Inspector of Salmon and Freshwater Fisheries for Scotland (1979-1995); currently Chairman of Scottish Fisheries Co-ordination Centre and Vice-president of the Association of Salmon Fishery Boards.

Professor Susan Walker OBE, BSc, PhD, CEng, FICE, FCIWEM

(from January 2001)

Twenty years experience in water and environment industry, latterly as Regional Water Manager for Environment Agency, with responsibility for Water Resources, Fisheries, Flood Defence, Conservation and Recreation; currently part-time Professor of Geography and Environment at University of Aberdeen specialising in integrated river basin management; freelance consultant; non executive Board member of both North of Scotland Water Authority and Scottish Natural Heritage.

Secretary Miss Joy Dunn, SERAD (to January 2001)

Graeme Waugh, SERAD (from January 2001)

FISHERIES COMMITTEE (ELECTRICITY)

REPORT TO SCOTTISH MINISTERS

for the year to 31 March 2001

Summary

1. The Fisheries Committee is appointed under the Electricity Act 1989. This report covers the Committee's activities during the year ended 31 March 2001, notably consideration of proposals for two new hydro-electric schemes, visits to existing installations and meetings with the major electricity generating companies and with two District Salmon Fishery Boards. It draws attention in particular to the Committee's concern with:

a. the long standing and serious problems at the fish pass at Tongland Dam in the Galloway Hydro-Electric Scheme;

b. the continuing substantial number of fish being killed in the cooling water system at Longannet Power Station and the importance of related studies on fish populations in the Firth of Forth; and

c. the continuing need for reliable fish count data at hydro-electric dams, fishery research and management.

It concludes by outlining the Committee's proposed activities for the coming year.

Remit, Context and Role of the Committee

Remit

2. The statutory remit of the Fisheries Committee is to advise and assist Scottish Ministers and any person engaging in, or proposing to engage in, the generation of hydro-electric power on questions relating to the effect on fisheries or stocks of fish. The full remit is set out in Schedule 9 to the Electricity Act 1989 and is summarised in Appendix A of this Report. The Committee also advises on intakes and outfalls at some other types of power station, particularly the large coastal and estuarine fossil fuelled and nuclear stations that use very large quantities of seawater for cooling purposes.

3. One of the great values of the Committee is its independence. It may investigate or advise on matters at its own initiative or when requested to do so. Another key strength of the Committee is the depth and breadth of expertise of its members regarding the impact of power generation on fisheries.

Context

4. There are two major hydro-electric generators in Scotland (for historic reasons, they occupy different parts of the country): Scottish and Southern Energy (SSE), which includes Scottish Hydro-Electric, has many dams and generating stations in the Highland area; and Scottish Power (SP), which has two schemes south of the Highland line and a single pump-storage generating station on Loch Awe. There are many other generators, each operating on a very much smaller scale, scattered over the whole country.

5. The work of the Committee in the short and medium term will be influenced by major external challenges facing the management of fisheries in the wider context. These include the introduction of proposed new freshwater fisheries legislation, the notification of a number of rivers utilised for power generation as candidate Special Areas of Conservation under the EU Habitats Directive, and the forthcoming implementation of the EU Water Framework Directive. The latter, as well as having key elements relating to the monitoring and management of fisheries, is likely to require more all-embracing abstraction and impoundment control than is currently the case in Scotland.

Role

6. The main purpose of the Fisheries Committee is to consider hydro-electric schemes over one megawatt in capacity and to advise how damage to fisheries or fish stocks might best be avoided or mitigated. Although few major schemes have been constructed in recent times, the implementation of the Scottish Renewables Obligation (SRO) in 1995 has brought many proposals for new schemes or extensions to existing ones. In the first tranche 15 hydro proposals were accepted by the Secretary of State for Scotland; in the second tranche there were nine and in the third there were five. The proposals and enquiries were essentially for small-scale schemes, but five proposals in the first tranche and two in the second tranche were for schemes of over 1 megawatt in capacity and therefore require statutory submission to the Fisheries Committee. As yet none of these proposed larger schemes have been constructed, although one has now been approved. Smaller schemes can also have a significant impact on fish stocks. Although these are subject to the Fish Passes and Screens Regulations, the Committee has a role in providing necessary and practicable advice to Scottish Ministers and to power generators. The Committee understands that significant numbers of hydro-electric schemes are planned under the terms of 'The Climate Change Levy (General) Regulations 2001'. The Committee will keep a close watch on the scheme's effects on the maintenance and development of hydro-electric stations and the potential impact this could have on fisheries.

7. The Committee also advises on the management and operation of existing schemes to ensure that they perform effectively in relation to fish. Many of these have been in use for 40 years or more during which operational procedures and manning levels have changed radically and substantial advances have been made in the development and application of remote and automatic control and other systems. There is also a need for continual assessment in the light of additional requirements, current environmental understanding and perceptions, operational experience and advances in technology. As an aid to assessing effectiveness, and making improvements, the Committee seeks and obtains from the major generating companies data and comments on fish and fisheries affected by their installations. The Committee encourages research and monitoring programmes on fish and fisheries affected by generating stations and dams, and takes a keen interest in the results.

8. In addition the Committee reports to Scottish Ministers on any specific incidents at hydro-electric schemes and thermal generating stations having an adverse effect on fish. It also responds to consultations by Departments of the Scottish Executive on legislation and other matters in its field of interest.

Activities and Matters Considered

9. Meetings of the Committee during the year are given in Appendix C. The matters considered and discussed are described in the sub-paragraphs hereunder.

a. Meetings with Scottish and Southern Energy

The Committee held three meetings with Scottish and Southern Energy (SSE) to discuss matters of concern, specific issues (including the Company's proposals for a new hydro-electric scheme on the River Cuileig, Wester Ross), and SSE's policy and plans for fish and fisheries. The Committee had useful discussions with SSE on management procedures relating to fish, especially on monitoring and operation of fish passes and screens. Comments on the Company's collection, processing and presentation of fish count data are given in sub-paragraph e. below.

The Committee was informed, and noted, that the refurbishment of Pitlochry Power Station was proceeding. It also noted that in this case, and generally, there was good and improving liaison between SSE and many local District Salmon Fishery Boards. The Committee also appreciated the way in which SSE kept it informed of various issues at its installations and of research work undertaken at such sites.

Following lengthy discussions and advice from the Committee, SSE modified the design of the outfall from the generating station at its proposed hydro-electric scheme on the River Cuileig. This scheme was granted consent by Scottish Ministers subject, inter alia, to the intake and outfall arrangements being designed in accordance with the Committee's advice. The Committee is now of the view that the proposals, as modified, are satisfactory with regard to fish and fisheries.

b. Meetings with Scottish Power

The Committee held several meetings with Scottish Power (SP) at Longannet Power Station on the Firth of Forth and at the Galloway hydro-electric scheme.

The longstanding and serious problems at the Tongland dam fish pass in the Galloway hydro-electric scheme have been noted in previous Annual Reports. These continue to concern the Committee. Modifications made by temporary structures to the top pools, following model studies, appear to have improved to some extent the passage of fish through the pass. The Committee appreciated a presentation on the further research project - looking at the passage of fish through submerged orifices and over weirs - being carried out jointly by the Freshwater Fisheries Laboratory and Glasgow University, which should lead to further improvements. The Committee is seriously concerned that notwithstanding its advice on the new fish counters and video surveillance, monitoring of fish movements by SP does not yet appear to be effective. The Committee has grave doubts about the quality of the data collected, and is worried about the lack of analysis by Scottish Power.

The Committee is concerned about the substantial quantities of many species of fish (including those of economic importance) entrained and subsequently killed on the drum screens at the Longannet Power Station. Following recommendations made by the Committee, SP established a sampling programme undertaken by Stirling University and the Scottish Environment Protection Agency (SEPA) to assess fish populations in the Firth of Forth and the numbers killed on the Longannet drum screens. This ended in December 2000, having provided data for two calendar years. This and earlier studies have indicated a large and significant number of fish killed on the screens at the cooling water intake and, rather than leave a decision on future work until the data was analysed, the Committee was anxious that sampling should continue. The same studies have also demonstrated that salmon smolts are captured on the screens. Further studies should be designed to determine the extent of the problem and what measures, if needed, could be taken to reduce or eliminate it. A meeting was held at the site in July when SP agreed sampling would continue.

The Committee discussed related papers in detail and expressed disappointment that the proposed sampling programme was so slight. The Committee believes that it affords no real improvement on what had already been done and does not

address the specific issue of smolts. While the Committee was pleased to note that SP is proposing to continue sampling it was extremely disappointed at the limits proposed and emphasised the importance of choosing the same time and state of tide when sampling.

The Committee also expressed concern that while the experimental protocol of the sampling may be consistent with SEPA requirements, it would not necessarily address the issues with which SP ought to be concerned in relation to fisheries. The Committee believes that proper and adequate sampling of entrained fish must be maintained to assess the seriousness, or otherwise, of the impact of the cooling water intake at the power station on fish.

c. Meetings with District Salmon Fishery Boards

The Committee notifies local District Salmon Fishery Boards (DSFBs) of its visits to hydro-electric schemes and welcomes meetings with their representatives. Although the Committee's statutory remit does not extend to giving advice to these Boards, the Committee has found such meetings helpful in identifying any local problems and matters of concern. In turn the Boards appear to appreciate being given the opportunity to air their views. In general, most of the matters raised are amenable to direct resolution between the Boards and the power companies. This year the Committee met with representatives of the Tay DSFB and the Dee (Kirkcudbright) DSFB (Appendix C).

d. Proposals for New Hydro-Electric Schemes Over 1 megawatt Capacity

Since the first announcement in 1994 of hydro-electric schemes being accepted for assistance under the Scottish Renewables Obligation (SRO), 29 schemes have now been accepted. Of these seven were over 1 megawatt (MW) in capacity and, if proceeded with, would require formal consideration by the Committee. Details of three schemes, viz at Shieldaig, Inverbroom and Cuileig, have been submitted formally to the Committee (the Inverbroom and Cuileig proposals were alternative proposals by different applicants for the same site). The Inverbroom scheme did not proceed and subsequently the Cuileig scheme was granted consent by Scottish Ministers subject to the intake and outfall arrangements being designed in accordance with advice from the Committee. This was done and it is expected that work on this project will begin in April 2001. The application for the Sheildaig scheme was withdrawn but proposals for an alternative scheme may be brought forward in due course. Preliminary proposals were considered for a scheme on the River Fechlin, Inverness-shire. In considering such proposals the Committee

takes into account potential impacts on all fish species and proposed mitigation measures. With its balance of expertise, the Committee is able to examine all aspects of these proposals through the study of plans, environmental assessments and site visits.

e. Fish Count Records

The work of the Committee is greatly facilitated by the long term fish count records which continue to be provided by SSE. Reports which accompany the fish count records are presented to the Committee by the Company's fisheries biologist and provide the Committee with valuable analysis and helpful information.

The Committee stressed the importance of continuous, accurate counts and encouraged the generators to ensure that technological improvements in fish counting are incorporated into the population monitoring programme. The Committee continues to be seriously concerned about the quality of the fish count records at Tongland dam fish pass in the Galloway hydro-electric scheme, and urged SP to resolve this matter. Accurate counts provide the means of assessing the effectiveness of changes made to this or any other fish pass and provide long term comparative data on changes in salmonid stocks.

f. Research

The Committee remains very supportive of research undertaken by the generating companies and appreciates being kept informed of progress and results. The ongoing Scottish and Southern Energy/Freshwater Laboratory programme, with regard to Borland lifts, is a good example of such a project. During the year the Committee took a keen interest in the studies at Tongland and at Longannet, on behalf of Scottish Power, and looks forward to their continuation and to the implementation of appropriate action in the light of the results.

g. Advice

The Committee gave further advice to Scottish and Southern Energy in relation to the screen and associated work at the outfall from the proposed generating station at Cuileig (Wester Ross). The Committee understands that the Company has accepted this advice. The Committee also gave some preliminary advice in relation to the proposed scheme at Fechlin (Inverness-shire).

From time to time the Committee is asked for advice by others and in general declines such requests as being outwith its remit. The Committee would welcome being given the freedom to give advice to local planning authorities, and others, if appropriate.

h. Environmental Reports

During the year the Committee noted the Environmental Reports published by Scottish Power, Scottish and Southern Energy and British Energy. While welcoming these reports, it continues to regret the fact that fish and fisheries receive minimal treatment in them.

i. Consultation Papers

The Committee from time to time receives Government consultation papers and responds where it considers it appropriate to do so.

j. Code of Practice

In line with Government policy for all advisory Non Departmental Public Bodies (NDPBs), the Committee has adopted a members' code of practice (Appendix B) and register of members' interests.

k. Openness

As reported last year in relation to the Government paper "Quangos Opening the Doors", the Committee decided that as matters of commercial confidentiality frequently arise during its meetings, it would not be appropriate to hold them in public. The Committee's Annual Report is publicly available. As a matter of course the Committee sends copies to the major generating companies and to those District Salmon Fishery Boards it has arranged to meet. In addition, the Association of Salmon Fishery Boards publicises the Committee's Annual Report.

The Committee is listed in "Public Appointments" on the Scottish Executive Website, under "Better Government" (www.scotland.gov.uk).

Future Activities

10. The Committee will maintain its dialogues with Scottish and Southern Energy and Scottish Power and respond to approaches from existing and potential hydro power generators. The Committee will advise on proposals for any hydro-electric schemes which may come before it, notably new schemes over 1 megawatt which require its consideration. While considering other issues, the Committee will seek to ensure that SP make improvements at the Tongland fish pass, and encourage appropriate monitoring of fish movements there. The Committee will continue to press the Company in relation to fish kills at the cooling water intake at Longannet and advise on the ongoing studies.

11. The Committee will continue to review the major power companies' policies and practices on maintenance, operation, monitoring and changes in relation to fish and fisheries and the implementation of their environmental policy statements. During visits the Committee will be available to meet with representatives from local DSFBs and so seek to keep in touch with local and general matters of concern. The Committee will advise on matters referred to it by Scottish Ministers or raised by those generating, or intending to generate, hydro-electricity. As in the past, the Committee will bring important issues to the attention of the Scottish Ministers. The Committee will keep abreast of developments such as Government consultations and draft legislation and advise Ministers accordingly on the implications for fisheries in relation to power generation.

12. The Committee will encourage the generating companies to identify and make innovations and improvements at their installations with a view to protecting and improving fish stocks and fisheries. It will take a keen interest in research projects and advise where necessary or helpful to do so. The Committee would welcome consideration of whether it might give advice to local planning authorities, and others, on request. It believes that its combined expertise would lend itself to the broadening of its current statutory remit to the benefit of all parties involved in fisheries management in relation to power generation.

Acknowledgements

13. The Committee wishes to acknowledge the co-operation it has received from the power generating companies. It also wishes to pay tribute to the good work on its behalf by its Secretary, Miss Joy Dunn and her successor, Mr Graeme Waugh. The advice and assistance given by Mr David Dunkley, Inspector of Salmon and Freshwater Fisheries, and by Miss Diane McLafferty, SERAD, is greatly appreciated.

APPENDIX A

LEGISLATIVE FRAMEWORK AND FUNCTIONS OF THE FISHERIES COMMITTEE

Legislative framework

The Fisheries Committee was established under the Hydro-Electric Development (Scotland) Act 1943 to consider schemes proposed by the North of Scotland Hydro-Electric Board for hydro-electric development and advise on possible damage to fisheries or fish stocks. Provisions for the Fisheries Committee were consolidated in the Electricity (Scotland) Act 1979 and extended in 1986 to include any person who wishes to establish or extend a hydro generating scheme. Its continuance was provided for in the Electricity Act 1989. The functions of the Secretary of State in relation to the Committee were transferred to Scottish Ministers by virtue of an Order made under Section 63 of the Scotland Act 1998.

Functions under the Electricity Acts

(This brief description is based on the provisions cited in the second column; the Act should be referred to for its detail.)

APPENDIX B

CODE OF PRACTICE FOR

MEMBERS OF THE FISHERIES COMMITTEE (ELECTRICITY)

The Committee is appointed by the Secretary of State for Scotland under provisions in the Electricity Acts. Its statutory function is to advise the Secretary of State and any person engaging in the generation of hydro-electric power on any question relating to the effect of hydro-electric works on fisheries or stocks of fish.

Public Service Values

Members of the Committee:

· are accountable to Scottish Ministers for the Committee's activities and for the standard of advice it provides;

· must observe the highest standards of impartiality, integrity and objectivity in relation to the advice they provide and the manner in which the Committee conducts its activities; and

· shall, in accordance with Government policy on openness, provide and make available an Annual Report on the Committee's activities.

Standards in Public Life

Each member of the Committee must:

· follow the seven principles of public life set out by the Committee on Standards in Public Life (annexed), insofar as they apply to the activities of the Committee;

· comply with this Code, and ensure that he or she is familiar with the function and role of the Committee and understands the duties, rights and responsibilities related to it;

· not misuse information gained in the course of work in the Committee for personal gain or for political purpose, nor seek to use the opportunity of public service to promote their private interests or those of connected persons, firms, businesses or other organisations; and

· not hold any paid or high-profile unpaid posts in a political party, and not engage in specific political activities on matters directly affecting the work of the Committee.

Role of Committee Members

Members of the Committee have collective responsibility for its operation. They must, so far as is practicable:

· engage fully in collective consideration of the issues, taking account of the full range of relevant factors, including any guidance issued to them by Scottish Ministers;

· ensure that the Code of Practice on Access to Government Information is adhered to and agree an Annual Report;

· respond appropriately to complaints, if necessary, with reference to The Scottish Executive; and

· ensure that the Committee does not exceed its powers or functions.

The Role of the Chairman

The Chairman has particular responsibility for providing effective leadership on the issues described above. In addition, the Chairman is responsible for:

· ensuring that the Committee meets at appropriate intervals, and that the minutes of meetings, and any reports to Scottish Ministers and others, accurately record the decisions taken and, where appropriate, the views of individual members;

· ensuring that new Committee members have been briefed on the functions of the Committee and their duties and rights and responsibilities; and

· representing the views of the Committee to the public, if appropriate.

Conflicts of Interests

Members of the Committee should not participate in the discussion or determination of matters in which they have an interest, and should normally withdraw from the meeting if:

· their interest is direct and pecuniary; or

· their interest is covered in specific guidance issued by the Committee or Scottish Ministers which requires them not to participate or to withdraw from the meeting.

ANNEX

APPENDIX C

LIST OF MEETINGS AND KEY ORGANISATIONS MET WITH