The Scottish Government

FISHERIES (ELECTRICITY) COMMITTEE

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

(died 2 August 2001)

Fisheries biologist specialising in wild and farmed salmonids; member of the Salmon Advisory Committee and Scottish Salmon Strategy Taskforce; 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-two 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); 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

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 Graeme Waugh, SEERAD

FISHERIES (ELECTRICITY) COMMITTEE

REPORT TO SCOTTISH MINISTERS

for the year to 31 March 2002

Introduction

1. The Fisheries Committee is appointed under the Electricity Act 1989. This report covers the Committee's activities during the year ended 31 March 2002; notably a visit to a new hydro-electric scheme under construction and preliminary consideration of proposals for others, visits to existing installations and meetings with electricity generating companies. It draws attention to the Committee's continuing concern with:

a. the 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;

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

c. the ongoing needs for reliable fish count data at hydro-electric dams.

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 assets 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 variety of relevant expertise among its members in relation to the impact of power generation on fisheries.

Membership

4. The membership of the Fisheries Committee is given at the beginning of this Report. It is with the deepest regret and sadness that the Committee records the death, in August 2001, of Dr Lindsay M Laird. Dr Laird gave sterling and dedicated service to the Committee for over nine years, affording it her very considerable expertise in wild fish and fisheries management.

Context

5. There are two principal 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. In addition, SSE operates a large coastal power station at Peterhead. SP also operates two large coastal power stations on the Forth estuary. British Nuclear operates two large coastal power stations, one on each of the Forth and Clyde coasts. There are many other hydro-generators, each operating on a much smaller scale, located throughout the whole country.

6. 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 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

7. 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 1994 has brought many proposals for new schemes. In the first round of the Obligation 15 hydro proposals were awarded contracts for development, in the second round there were nine and in the third and final round there were five. The proposed developments were essentially for small-scale schemes, but five proposals in the first round and two in the second round were for schemes of over one megawatt in capacity and therefore require statutory submission to the Fisheries Committee. As yet, only one of these proposed larger schemes has been constructed. Furthermore, the Scottish Executive recently introduced the Renewables Obligation (Scotland) (ROS). The ROS obliges all licensed electricity suppliers to provide more electricity from qualifying renewable sources, including hydro. The demand which the ROS is creating for new renewable energy is likely to result in a number of new proposals being brought forward for hydro developments over one megawatt in capacity. Smaller schemes can also have a significant impact on fish stocks. Although these are subject to The Salmon (Fish Passes and Screens) (Scotland) Regulations 1994, 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 continue to keep a close watch on the Regulation's effects on the maintenance and development of hydro-electric stations and the potential impact this could have on fisheries.

8. The Committee also advises on the management and operation of existing schemes to ensure that the arrangements for fish and fisheries are satisfactory. Many of these schemes have been in use for 40 years or more, during which time operational procedures and manning levels have changed radically. Substantial advances have also 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.

9. In addition the Committee reports to Scottish Ministers on 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

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

a. Scottish and Southern Energy (SSE)

The Committee held two meetings with SSE to discuss matters of concern, specific issues 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-para e. below.

The Committee noted that the refurbishment of Pitlochry Power Station had been completed. 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.

During its second meeting with the Company, in December, the Committee visited the intake on the River Brora at Dalnessie, on the Shin hydro-electric scheme, and subsequently gave detailed advice on the design of a proposed rigid smolt trap. Survey work to estimate the sea trout and salmon smolt production from a section of the Upper Brora will allow an assessment to be made of the effectiveness of the new design of smolt screens erected at this site.

The Committee also visited the hydro-electric scheme then nearing completion on the River Cuileig, Wester Ross. In particular it looked at the river intake and at the outfall from the power station, two areas where the Committee had advised modifications to the original design. The work completed, and in hand, appeared satisfactory. The Committee will wish to view this scheme again when it is in operation.

b. Scottish Power (SP)

The Committee continues to be 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, including salmon smolts.

The Committee fails to understand SP's long delay in reporting the results. The Committee has yet to see the comprehensive report on the study, which should indicate whether further work needs to be done to determine the extent of the problem. The research project was ' The study of fish populations on the lower Forth estuary, including the environmental impact of cooling water extraction on these populations'. Unfortunately, the brief summary received so far fails to answer the second very important part. The Committee is anxious that monitoring sampling should continue and, although noting that SP is continuing some sampling with SEPA, it was disappointed at the limits proposed and concerned that the programme did not address the specific issue of salmon and sea trout smolts.

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 fish and fisheries. The Committee believes that proper and adequate sampling of entrained fish must be maintained to monitor the seriousness, or otherwise, of the impact of the cooling water intake at the power station on fish.

The Committee remains concerned with matters at the fish pass at Tongland. Although it has not, as yet, received a copy, the Committee is aware that a final report has now been received by SP following research carried out at the fish pass. The Committee looks forward to receiving the report prior to meeting with SP to discuss matters.

c. District Salmon Fishery Boards (DSFBs)

The Committee notifies local DSFBs of its visits to hydro-electric schemes and welcomes meetings with their representatives. The Committee's statutory remit does not extend to giving advice to DSFBs, nevertheless the Committee has found such meetings helpful in identifying any local problems and matters of concern. In turn the DSFBs 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 DSFBs and the power companies. Although no meetings were held this year with any of the DSFBs the Committee was informed by the North West DSFB of its concerns over a hydro-electric scheme, where dead salmon smolts were said to have been discovered below the turbines, and by the Tay DSFB of research work on the River Lyon. The Committee sought further information on the former and is following the latter with interest.

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

Since the first announcement in 1994 of hydro-electric schemes being included under the Scottish Renewables Obligation (SRO), 29 such schemes have now been awarded contracts. Of these seven are over one megawatt in capacity and, if proceeded with, would require formal consideration by the Committee.

Details of new proposals for a scheme at Shieldaig were submitted formally to the Committee and discussions were held with representatives of the private generating company.

Preliminary proposals were considered for a scheme at Garrogie on the River Fechlin, Inverness-shire; subsequently, however, there was a change in generating companies and the Committee awaits consultation by the new company. The Committee has received some information on a proposed scheme at Kingairloch on the Morven peninsula.

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 from many different locations 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 continued to stress the importance of continuous, accurate counts. It is concerned at a report from SSE that the Company has experienced some difficulty with its fish counters in attaining the performance and level of accuracy expected. It is, however, appreciative of the efforts being made by the Company to identify the problems and remedy this situation.

The Committee continues to be seriously concerned about the inadequacy of fish count records at Tongland dam fish pass in the Galloway hydro-electric scheme, and continues to urge SP to resolve this matter.

f. Research

The Committee remains very supportive of research undertaken by the generating companies and appreciates being kept informed of progress and results. In particular it welcomed a SSE Report "Fisheries Review, 1997-2001" which highlights the extent of research and studies undertaken by the Company during that period.

During the year the Committee continued to take a keen interest in the studies at Tongland and at Longannet undertaken on behalf of Scottish Power. The Committee is concerned, however, at delays in the presentation of reports on these studies.

g. Advice

In addition to giving advice to the principal hydro-electric generators the Committee gave preliminary advice to Highland Light and Power on outline proposals for a revised application for a scheme at Shieldaig/Slattadale.

By the end of this reporting year, the Committee is concerned that it has not been formally approached by the intending generator in connection with the proposed development at Garrogie.

From time to time the Committee is asked for advice by bodies other than power generating companies and in general declines such requests as being outwith its remit.

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. During the year the Committee responded to the following:

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 matters of commercial confidentiality frequently arise during the Committee's meetings, it is not appropriate to hold them in public. However, the Committee's Annual Report is publicly available. Further, as a matter of course, the Committee sends copies of the Annual Report, to the major generating companies and to those District Salmon Fishery Boards it meets during the year

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

Future Activities

11. The Committee will maintain its dialogues with Scottish and Southern Energy and Scottish Power and respond to approaches from other existing and potential hydro power generators. The Committee will advise on proposals for any hydro-electric schemes which may come before it, in particular any schemes over 1 megawatt which require its consideration under The Electricity Act 1989. While considering other issues, the Committee will seek to ensure that SP continues to 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 mortalities at the cooling water intake at Longannet.

12. The Committee will continue to review the principle 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 it has done in the past, the Committee will bring important issues to the attention of 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.

13. 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.

Acknowledgements

14. 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, Mr Graeme Waugh. The advice and assistance given by Dr Malcolm Beveridge and Dr John Armstrong of the Fisheries Research Services Freshwater Laboratory has been 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 (ELECTRICITY) COMMITTEE

The Committee is appointed by Scottish Ministers under provisions in the Electricity Acts. Its statutory function is to advise Scottish Ministers 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