Redcar & Cleveland Involvement In

DRAFT notes of the Ruswarp Hydro Meeting Held on Tuesday 4 December 2012, 2pm - 4pm at the Village Hall Ruswarp preceded by a site visit at 1.30pm

Attendance; Phil Young, Pat o’Brien, (EA); Terry Coddington (HIFI) Caryn Loftus, Mike Ford, Colin Mather (Esk Energy); Angus Oughtread, Stephen Till, Stewart Bates(REAC/YET); Andy Wilson, Michael Graham (NYMNPA).

Papers Circulated; Meeting Agenda, Fish Monitoring Position Statement, notes of meeting 10 September, Review of Monitoring Methodology June 2012

1. Actions from Notes of Last Meeting

Action: YET (REAC) to circulate notes of the last meeting to other Esk Angling Clubs, done by post. Action: Esk Energy to post notes of the meeting on their website, done.

2. Update on Construction and Commissioning of the Turbine

The turbine is completed and been tested and is due to be commissioned on Thursday 6 December and to be fully operational by Friday 14 December. There is a marker which will display a minimum water level at which the turbine will operate still to be installed which would be visible from the opposite bank. PY confirmed that the EA were to fit an additional marker by the boating station at the owners request.

3. Progress on Monitoring

The EA Ruswarp Fish Monitoring Position Statement circulated in advance of the meeting stated that the EA regard monitoring for this year as completed, that adequate data on sea trout had been obtained but that the numbers of salmon caught fell short (by 9) of the minimum set for an adequate baseline in the methodology.

PY said the EA plan to remove all their hydro-phones by the end of December and to re-install in April/May to prepare for monitoring post turbine operation. The EA plan was to carry our post monitoring but if sufficient numbers of salmon were caught whilst carrying out post monitoring the EA would request a shut down of the turbine. This would be initially a 72 hour shut down until salmon were tracked through the array. If no salmon are tracked within the 72 hours then additional / extended shut down periods will need to be agreed with Esk Energy in order to obtain adequate baseline data on salmon. Mike Ford (MF) stated that no previous reference had been made to shut down periods and that agreement would need to be reached on this.

Sea trout which are caught and tagged will be assessed in the context of post monitoring. PO’B cited rod catches since 1980 which have shown that 75% of fish caught were sea trout and only 25% salmon.

PY made it clear that the EA view the River Esk primarily as a sea trout and ‘recovering salmon’ river. AO emphasised the point of being a 'recovering salmon river' and recent electro fishing for brood stock in the Egton area, had yielded

1 significantly more than the required numbers of salmon, within very short timescales.

PY considered that 2012 had been a very difficult year for catching and tagging fish, whilst the construction of the turbine was underway. He hoped it would be much more straightforward in 2013 as lessons have been learnt, not least about the installation and positioning the hydro-phones.

AO stated that the conditions associated with the fish monitoring and the characteristics of the locality were known factors at the outset of the monitoring programme. AO went on to state that YET lacked confidence that sufficient time and resource to catch salmon, to add to the base line, would be committed by the EA. If the base line criteria were not met, then it would not be possible to judge the impact of the turbine on future fish passage and population. This position would be in no parties interests.

There was a discussion about the previous methodology (tracking / monitoring) of 30/30/30 sea trout, salmon and grilse ST stated that REAC (as it was then) had not been consulted about the study and suggested that lessons could be learnt from Kielder / electro fishing for adult salmon and he questioned whether the EA were using the best method for catching fish in the particular environment of Ruswarp. PY confirmed the belief that the EA were using the best method for catching fish in this particular environment and also referred to the welfare implications for the fish. TC from the Hull International Fisheries Institute (HiFi) asked what size of fish were caught by rod. ST replied it was typically between 6lbs- 20lbs with the majority of salmon caught in August/ October being 8lbs- 14lbs.

ST asked how many fish caught this year had been tracked above the weir. PY stated that 9 were tracked, a 39% return rate of which 4 were sea trout and 5 were salmon. PY added that in 2013 he hoped that more fish would be caught and tagged earlier in the season as there would be no construction taking place.

AO stated that in 2013, the monitoring activity should be purely targeted at adding to the base line and not moving into the post monitoring phase until the prescribed number of salmon had been caught. PY explained the process of catching the fish, holding them, tagging them the next day and then releasing on the next tide. HIFI had measured sufficient levels of pheromones in the water enticing the fish up the river and felt it better to wait than to put the fish straight back.

Andy Wilson (AW) asked if more could be done if the EA had help with people or equipment. PY replied that the EA and HiFi were well set up to do the monitoring, to be on site when needed and had all the necessary licences.

AO said that the main salmon run was in August to October. Mike Ford (MF) asked if it was worth leaving all monitoring until August. ST said the river was entirely dependant on rainfall which can result in large numbers of fish migrating up the river at once.

PY said the EA and HiFi planned to start monitoring in May.

AO said that YET were not in a position to accept the methodology used by the EA or to accept the results and recommendations made by the EA as they were not experts in this field. YET would therefore be seeking independent advice on these matters.

PY said the cessation clause in the Abstraction Licence could only be invoked if a negative impact on fish populations due to the turbine operation could be proven. 2 PO’B said the monitoring had been fully costed, had been as effective and robust as the EA could afford and budget limitation was a valid reason to cite for not obtaining the required baseline. AO stated that cost had not previously been referred to as a restrictive factor, rather the importance and significance of Ruswarp as a test site.

TC said HiFi were the only people using this type of equipment in the country therefore anyone looking at this methodology will necessarily lack experience of the systems involved.

AW asked if smolt counts could be used to monitor fish numbers. Stuart Bates (SB) replied that these were juvenile fish and that results were very variable and not robust and that mortality rates were high. SB referred in particular to the research undertaken by the Tweed Foundation on smolt losses around weirs/ dams. AW made a repeated offer to help to gather any other data which could contribute towards obtaining an adequate baseline. PO'B said that previous smolt monitoring projects had proved not good for fish welfare. The EA had stopped smolt trapping several years ago.

PO’B stated that the rod catch data is excellent going back to 1937 and from the 1970s is very good. ST said it would be helpful to get catch data earlier from the national data collection staff. PO’B said they have data of catch/unit of effort. ST said the Esk was one of the top rivers in the north for sea trout therefore it could be helpful to build a knowledge base and work with Simon Hirst (NYMNPA) on a new study on the Esk which could improve river conditions and catches.

AO stated that the EA/ NYMNPA had failed to consider the wider aspects of the river when granting planning permission for the turbine. Their focus was entirely centred upon the Ruswarp site and migratory fish movements up stream rather than areas such as smolt migration and a total catchment approach. AO cited the conditions that the Tyne Rivers Trust would insist upon if the Hexham Hydro was to proceed.

 Full Environmental Impact Assessment carried out in the context of the river catchment, not just the project site.  No impediment to upstream and downstream migration of fish and other freshwater biota.  Minimal impact on water flows, maintaining natural flow variability.  Vulnerable species and life stages should be screened from entering the turbine(s)  Post project monitoring should be conducted to check for environmental damage, which if proven, should result in the generator ceasing to operate, until a solution if found.  All schemes to have an exit strategy.

PY said that now YET was moving towards becoming a Rivers Trust, it maybe possible in future to secure funding for river projects.

PY again referred again to the baseline monitoring and repeated that salmon predominately run in August/September therefore the EA plan to monitor sea trout in the spring and if adequate salmon are caught it will contribute to further baseline data. Every effort would be made to catch adequate salmon numbers and to request a 72 hour shut down from Esk Energy.

ST asked if catch data could be fast tracked to the EA. PO'B replied that if YET could obtain the data from the Esk Angling Clubs this would be most helpful. ST replied positively that YET could submit this by 31st December including data from other 3 clubs.

AO repeated the concerns of YET on the validity of the Position Statement produced by the EA and that YET would be looking to take independent advice. PY said that he would welcome the opportunity to meet to discuss the monitoring.

4. Arrangements for Achieving Agreed Monitoring Targets Post Commissioning of Turbine Dealt with under the above item

5. Fish Counter Update

PO’B - A fish counter has been given free of charge by the EA and will be installed in the new year. However, this would only give an indication that fish were using the fish pass as there were two other routes up the weir - the side of the fish pass and the baulk pass as well as over the weir in high water. It is planned to install the Logie type fish counter in January depending on Esk Energy who are looking for some funding for a broadband connection. A solution as to who will interpret the data still needs to be resolved. ST added that the data would be very helpful to the whole project and could be linked to river flow and rainfall data.

6. Clearance of Debris from the Weir

AO said that we were not credible if the baulk pass, smolt/ kelt pass were continually blocked by debris. PY agreed that the EA would remove the debris in the new year as teams were currently working in the wider catchment especially removing debris from railway bridges. Whilst it looked as if the debris had been there most of the year, it was all washed away in a flood and this was fresh debris built up since the summer. PY added that there are long term plans to treat dead and dying trees up stream as habitat features rather than allowing them to come down the river and that this was part of the ‘This Exploited Land’ funding bid to be submitted to the Heritage Lottery Fund and the Pearl Mussel Project.

7. Update on the Settle hydro

PO'B gave a resume of the latest information on the hydro at Settle via an email he had received. The full details would be included in the minutes as follows:

The EA have initiated a voluntary agreement with Settle Hydro for the main September to December fish migration period whereby they switch the turbine off every other week. 75 to 80% of the annual run of fish in the upper Ribble migrate during these months. This is intended to allow EA the opportunity to examine whether or not there is any observable impact on fish migration of turbine operation, and they are looking to measure this using Locks Weir fish counter which is about a mile upstream – not ideal but over the 13 week on/off period if any impact is evident then some of this should be apparent.

In addition, EA are having the fish counter data, river level data and turbine operation data analysed from 2009, to identify if there are particular “migration” flows and indeed if any impact of turbine operation is apparent from the longer dataset. Results of these studies will be expected in January / February 2013.

The effectiveness of the type of acoustic tracking system (similar to the one used at Ruswarp) in the Settle weir pool is being examined in the event that results from the above desk-based studies are not conclusive. 4 8. Any other business

a. It was agreed that a tree observed on the site visit which was leaning at 45o just downstream from the turbine needed felling. PY agreed to see if the EA would do that, Esk Energy agreed to ask for landowner permission to fell the tree.

b. AO asked if there was any visual report, assessment on fish behaviour/ build up of fish numbers below Ruswarp Dam and who would keep a check on the site. PY replied that Andrew Delaney and Water Resources officers. AO asked if YET could have access to the site, to which PY replied the EA officers can have access to monitor the abstraction license but other personnel needed permission from Esk Energy/ Landowner.

c. AO asked if the existing CCTV camera could be replaced with one that was infra- red as it could prove a deterrent to poaching activity, particularly in the turbine pool. AW offered to explore the purchase of a camera and this was to be an action point for the next agenda. MF said that the camera could feed into the Esk Energy website Action MG/ AW/ AO.

9. Date of Next Meeting 2pm Wednesday 20 March. YET to host, venue TBC Action; YET

N.B. MEEETING SUBSEQUENTLY CHANGED TO THURSDAY 9 MAY 10AM AT THE NATIONA PARK MOORS CENTRE DANBY