It will be interesting to me to see how this progresses.
By chance I was speaking with an old chum from the West recently and fishing came up in discussions (as it always does) including matters dam/borland/smolts/kelts etc. Seems the Lochy has been having real issues of late since automation took over - indeed, as
noglaks posts - all of the principal hydro systems with automated or remotely operated borland fish passes have had issues with fish movements.
I was particularly interested in the findings of local fisheries scientists in that part of the world about Sea Trout smolts. Now I know from my own experiences that Sea Trout smolts are
generally larger than their Salmon chums and it seems they've not been able to get through the turbines at Mucomir.... so when they get stuck at Mucomir unable to continue their downstream migration they either get hit by Loch Lochys big predatory browns or get turned into smolt sushi. Nice.
So, with all of this 'evidence' of events I wondered how all of this sat in relation to the European Water Framework Directive (EWFD). Now in a nutshell this is essentially European legislation that sets out the ground rules for the introduction of an integrated approach to the management and sustainable use of river systems.
In Scotland, with our unique fisheries management systems, this was always going to be problematic to introduce but it turns out that on the back of the EWFD a piece of legislation was introduced in 2011 called "The Water Environment (Controlled Activities) (Scotland) Regulations" which in turn is a re-write of legislation introduced in 2005 which was also a re-write of the 2003 legislation (you get the idea, it's got a complicated history). Anyway, these regulations introduced controls of significant relevance to hydro systems via a licensing programme which requires tighter control on previously unregulated water abstraction and impoundments.
The practical upshot is that all hydro development works or change schemes require a Controlled Activities Regulation (CAR) authorisation for abstractions, impounding works (weirs and dams) and any other engineering works associated with the scheme - but the legislation cannot be retrospectively applied. The legislation is actually much farther reaching than just hydro schemes but interestingly there is a link with SNH, (everyone's favourite folks) as any new works or major changes which could impact species listed as 'European Protected Species' require a further licence from SNH driven by The Conservation (Natural Habitats &c.) Regulations 1994 (as amended)..... oh, and it would have to go through planning too. The SNH list can be found here by the way:
http://www.snh.gov.uk/docs/B551085.pdf if you want to know which fish are on it I'll save you the trouble of reading it, the listed fish are the Whitefish, Sturgeon, Barbel, Vendace, Twaite Shad, River Lamprey, Grayling, Atlantic Salmon and the Allis Shad.
Anyway, lists of protected species aside what is the relevance of all this legislation
Well it
suggests to me that in the short term very little can be done under this legislation to improve the lot of migratory fish (as I said in the first post Rob, migratory fish includes eels
) where there are existing hydro schemes. However, where there are changes or all new schemes the full letter of the law comes into force. Or does it..... it
might be possible (and remember, I'm a layman
not a legal expert) for the Scottish Government to bypass the legislation for the common good.
Ultimately SSE have a duty of care and must satisfy the new broader water framework led legislation. Wherever there is the intention from SSE to alter the discharge regime they must provide new fish passes and fish screens to improve the ecology. Great. But.... this will be done only when it does not reduce the overall amount of renewable energy.
Honestly it's all a wee bit confusing. I'm interested in seeing the fish get a fair chance and the best 'fair chance' we can give them I can't determine yet if all this legislation gives them a fair chance or if it allows things to stay the same just better bound up in red tape.
I'll do some more digging.
H