The Scottish Government

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Letter to Rhona Brankin, Deputy Minester for Environment

Electricity (Scotland) Act 1989

Rhona Brankin MSP

Deputy Minister for Environment

and Rural Development

Pentland House

47 Robb's Loan

Edinburgh

EH14 1TY

14 July 2005

Dear Minister,

I have pleasure in presenting the Annual Report of the Fisheries Committee for 2004/05. It provides a summary of the work undertaken by the Committee during the twelve months to 31 March 2005.

The Energy Industry has continued to respond positively to the Executive's commitment to substantially increase the generation of energy from renewable sources and this has been reflected in another busy year for the Committee. This Report focuses, initially, on proposals for 10 new hydro schemes, subject to consent from Scottish Ministers under section 36 of the Electricity (Scotland) Act 1989, that the Committee considered during the year. Thereafter, the Report refers to smaller-scale projects, and aspects of some existing hydro schemes as well as one thermal generating station that the Committee considered and advised upon. Reference is made, also, to a possible tidal energy project that came to the Committee's attention. The Committee welcomes the willingness of generators and developers to take account of its advice in developing and operating their schemes. Finally the Report describes how the Committee has sought to maintain and, where necessary, improve its relationship with others interested in fish or fisheries affected by hydro-electric schemes. This is particularly important in view of the developing legislation and administrative arrangements that will implement the Water Framework Directive in Scotland.

In my covering letter to last year's report, I drew attention to the Committee's serious concerns about fish passage and resource conservation issues at Tongland dam on the Galloway Hydro scheme and Longannet power station both owned and operated by Scottish Power. The Committee has been disappointed that, during 2004/5, progress towards resolving both concerns has been less than we would have wished. While the prospects of meaningful progress in 2005/6 look more promising at Tongland, a solution to the entrapment of huge quantities of fish (via entrainment in the cooling water intakes) at Longannet, including salmon and sea trout and many species of marine fishery importance, remains elusive. The Committee will continue to press Scottish Power to expedite the provision of effective deterrent measures.

There are two matters of strategic importance that the Committee wishes to highlight this year.

Firstly, it has become increasingly clear to the Committee that there are significant gaps in available knowledge about the impact of man-made changes to flow regimes on fish and fisheries. Consequently, the Committee is concerned that the regulation of flows downstream of hydro schemes might not always be sufficient to adequately protect fish and fisheries. We recommend that relevant research be commissioned with some urgency.

Secondly, we are concerned about the regulation of small hydro schemes (<1MW). The Committee has become aware of some such schemes that are, or seem to have the potential to be, harmful to fish and fisheries. Currently, these are approved by way of the planning process and are required to comply with the Salmon (Fish Passes and Screens)(Scotland) Regulations but without, in our experience, the same level of scrutiny as larger schemes. The Committee suggests that the opportunity of forthcoming legislation should be taken to provide for more effective control of their siting, design and operation. While the local impact of individual small schemes on fish and fisheries might not be significant, their cumulative impact can be very damaging particularly when they are all located within the same river system such as seems to be happening in the River Tay catchment, an important SAC for Atlantic salmon and lamprey.

I should like to record my thanks to all of the Committee for their support and commitment to our continuing busy work schedule in 2004/05. Also, throughout the year, the Committee has been ably supported by its Secretary. Our current Secretary, Ian Robertson, took over from his predecessor, Richard Gustar, at the beginning of 2005 and I should like to express our appreciation of their efficient attention to our requirements.

The Committee has had a challenging, but interesting, year. The development of renewable energy sources continues apace and the Committee faces another busy year in 2005/6 fulfilling its function of providing advice to Ministers, generators and others in regard to hydro-electric schemes and thus contributing to the preservation of fisheries and fish stocks across Scotland.

I commend the work of the Committee and this Report to you.

Yours sincerely,

Jim Cockburn

Chairman

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