SHEPD Marine Scotland Licence Scottish Hydro Electric Power Distribution Fishing Liaison Mitigation Action Plan (covering all legitimate sea users) Mossbank – Yell Yell – Unst 1 Yell – Unst 2 1 Contents 1. Introduction …………………………………………………………………………………………………………………… 2 2. Purpose of Fishing Liaison Mitigation Action Plan ………………………………………………………….. 3 3. Communication ……………………………………………………………………………………………………………… 4 4. Scheduling of Liaison and Information Distribution ………………………………………………………… 5 5. Formal Notifications .………………………………………………………………………………………………………. 6 6. Stakeholder Communications Distribution List .……………………………………………………………… 8 7. Fishing Liaison Mitigation Action Plan ……………………………………………………………………………. 15 8. Company Fishing Liaison Officer…………………….………………………………………………………………. 16 9. Fishing Industry Representative…………………………………………………………………………………….. 17 10. UK Legislation, References and Guidance…………………………………..…………………………………. 18 11. Commercial Fishing………………………………………………………………………………………………………… 19 12. Other Legitimate Sea Users…………………………………………………………………………………………. 25 13. Construction and Cable Asset Interactions: Commercial Fishing…………………………………. 32 14. Construction and Cable Asset Interactions: Other Legitimate Sea Users……………………. 34 15. Safety ……………………………………………………………………………………………………………………………. 35 Appendices Appendix A – Notice to Mariners Example 38 Appendix B – Shetland Ports 42 Appendix C – Communication Programme 43 Appendix D – Fishing Gear Interaction Standard Operating Procedures 47 Appendix E – Other Sea Users Interaction Standard Operating Procedures 53 Appendix F – Commercial Fishing Charts 55 Appendix G – Other Sea Users Charts 68 1 1. Introduction 1.1. We want to make it easy for all stakeholders who have interests in the process to have a strong voice in helping us determine our installation and protection practices but also inform our inspection, maintenance and decommissioning works. We are committed to open, honest and transparent communication and engagement. 1.2. This action plan is for the installation of the submarine cable routes between mainland Shetland, Mossbank, and Yell which is critical for a safe and reliable supply of electricity to our customers. 1.3. A summary assessment of potential construction and cable asset interactions with legitimate sea users showed low levels of activity for recreational sailing in the proximity of all three Shetland cables. The spatial distribution of recreational canoeing, sea angling, motor cruising and scuba diving did not directly overlap with the Mossbank-Yell cable although low to intermediate levels of activity of motor cruising, sea angling and scuba diving in the proximity of the Yell-Unst cables. A tidal array is fully deployed in the Bluemull Sound between Yell and Unst whilst a tidal lease area has been identified in the Mossbank- Yell route. The Yell Sound Special Area of Conservation (SAC) also covers the Mossbank-Yell cable. A high volume of shipping activity around the Mossbank-Yell cable was recorded using AIS data from Marine Scotland with a lower volume around the Yell-Unst cables. The full assessment of commercial fishery activity and other legitimate sea user activity is given in Appendices F and G. 1.4. As part of the marine licencing process, we have undertaken early engagement with the general public and all interested stakeholders. We state within the Pre-application consultation reports1 how their views have been considered and influenced our approach to cable design, installation and protection. 1 The Pre-application Consultation Report is required by Marine (Scotland) Act 2010: Section 24. 2 2. Purpose of FLMAP 2.1 The purpose of the FLMAP is to: . Illustrate the associated risks to the commercial fishing industry (and other legitimate sea users), address the potential effects (highlighted in the marine licenced evidence) . Identify how to minimise and mitigate potential impacts on local communities. 2.2 The main elements of our liaison activities will be to identify and pro-actively engage with legitimate sea users who could be potentially affected by our activities. 2.3 The Company Fishing Liaison Officer (CFLO) will be responsible for liaising with legitimate sea users, with support from the Fishing Industry Representative (FIR). 3 3.Communications 3.1 Information regarding pre-construction and construction works will be issued to all fishing and relevant legitimate sea user stakeholders to ensure effective co-existence. 3.2 Construction contractors and survey consultancies shall provide details of all vessel movements, works and co-ordinates to the Company Fishing Liaison Officer (CFLO) and the Fishing Industry Representative (FIR) who will disseminate this information. 3.3 The relevant stakeholders will be contacted before a planned work activity that has the potential to impact them and, depending on the progress of this activity; it would also be common practice for there to be regular contact throughout the work. 3.4 In addition to statutory stakeholder engagement, SHEPD also has a number of obligations where it is necessary to engage with non statutory stakeholders prior to, during and/or upon completion of certain work activities. 3.5 In the event that an activity’s date or duration was to deviate from the work programme detailed in the Construction method statement, an update will be issued to the affected stakeholders. Similarly, if the scope or methodology of the planned works activity changes, then any stakeholder likely to be affected, including any relevant licensing authority would be consulted. Any change and associated timeline would be agreed prior to the works commencing. 4 4. Scheduling of liaison and information distribution 4.1 The proposed schedule for dissemination of information to the fishing industry and other legitimate sea users is given in Table 1 Schedule for dissemination of information. Table 1 Schedule for dissemination of information Activity Timescale for distribution . Notices and information distribution once available, and following submission to Marine Scotland (MS). Regular liaison and updates by Fishing Industry Representative (FIR) with local fishermen of proposed timings with Construction Programme confirmations when operations are finalised. Regular liaison and updates by the Company Fishing Liaison Officer (CFLO) with other legitimate sea users of proposed timings with confirmations when operations are finalised. Pre-construction surveys that have the . Regular liaison and updates by FIR with local fishermen, well in advance of disruption, defining who might be affected, potential to require gear relocation or where and when. Liaison to take into account weather, number of creels to be moved, bait ordering etc. have the potential to cause significant . Notices and Information Distribution not less than 20 days prior to survey mobilisation, if possible, to allow inclusion in the displacement to fishing activity Kingfisher Fortnightly Bulletin. Specific construction activities . Notice and information distribution not less than 20 days, if possible, for individual construction vessels mobilisations. Regular liaison and updates by FIR with local fishermen of proposed timings with confirmations when operations are finalised. Regular liaison and updates by CFLO with other legitimate sea users of proposed timings with confirmations provided when planned works are finalised. Meetings with fishery stakeholders . Meetings as required during the pre-construction, construction, and operational phases Meetings with other legitimate sea users . Meetings as required during the pre-construction, construction, and operational phases . Additional unscheduled liaison and consultation will be undertaken by either the CFLO or the FIR as required to address Ongoing Liaison issues or fishermen’s concerns as they arise 5 5. Formal Notifications 5.1 Details of the works will be distributed to all appropriate maritime users. The anticipated formal communications are set out in Table 2 Formal notifications. Table 2 Formal notifications Type Function Distribution Submarine electricity cable . It is intended that flyers will be issued for each cable. Flyers2 will be published through Kingfisher Information Service flyer . This is not a requirement set out in the marine licences Offshore Renewables and Cable Awareness (KISORCA) and Fishing . It is a proactive initiative taken by SHEPD to provide as much News. advance warning of the forthcoming works as possible. Flyers will be issued nominally at least 4 weeks, if possible, prior to commencing the operations to which they relate Notices to Mariners (NtM) . NtM and/or radio navigational warnings and publication in . All NtM3 will be issued by the CFLO appropriate bulletins to comply with the conditions in the . NtMs will be published through KISORCA marine licences. Details of the works will be promulgated to all appropriate maritime . Each NtM will contain full details of the vessel, location, users activities, contact details etc. NtMs will be issued at least 20 days prior to an activity’s start date, . In the case of incidents or emergencies requiring notification, if possible, to allow inclusion in the Kingfisher Fortnightly Bulletin. the NtM will be issued as soon as reasonably possible. Any . NtMs will be issued using the example NtM document at the stages actions required to notify an incident or emergency will go of the cable installation set out below: ahead even if there is not sufficient time for it to appear in the HDD works Kingfisher Fortnightly Bulletin. Cable laying Relevant