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Yell-Unst Construction Environment Management Plan

Construction Environment Management Plan (CEMP)

Scottish Hydro Electric Power Distribution plc Assignment Number: A100487-S01 Document Number: A-100487-S01-TECH-002

Xodus Group Xodus House, 50 Huntly Street Aberdeen, UK, AB10 1RS T +44 (0)1224 628300 E [email protected] www.xodusgroup.com

Construction Environment Management Plan (CEMP) A100487-S01 Client: Scottish Hydro Electric Power Distribution plc Document Type: Technical Note Document Number: A-100487-S01-TECH-002

R01 23/04/2018 Issued for Review RP EH JH -

Rev Date Description Issued By Checked

By Approved

By Client

Approval

mailys.billet

Typewritten Text

PP

Yell‐Unst Construction Environment Management Plan

Yell – Unst CEMP


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© Scottish and Southern Electricity Networks

Uncontrolled if Printed

Contents

Terminology ........................................................................................................................................... 6

1. Introduction ................................................................................................................................ 8

1.1. Background ............................................................................................................................................................. 8

1.2. Objectives of this Document ................................................................................................................................... 8

1.3. Structure of this CEMP ............................................................................................................................................ 8

1.4. CEMP Document Management ............................................................................................................................. 10

1.5. Update and Amendment to this CEMP ................................................................................................................. 10

1.6. Linkages with Other Documents ........................................................................................................................... 11

Project and vessel related documentation ................................................................................................................... 11

2. Project Description .................................................................................................................... 12

Project overview ........................................................................................................................................................... 12

Schedule ........................................................................................................................................................................ 16

3. Environmental Management Framework ................................................................................. 17

3.1. Introduction .......................................................................................................................................................... 17

3.2. CEMP Roles and Responsibilities and Chain of Command .................................................................................... 17

THE Contractor Project Manager .................................................................................................................................. 18

THE Contractor site manager ........................................................................................................................................ 18

THE Employer Project Manager .................................................................................................................................... 19

THE Employer Group SHE Manager .............................................................................................................................. 19

THE Employer Supervisor for offshore works ............................................................................................................... 19

THE Employer MARINE Consents Manager .................................................................................................................. 19

Retained Archaeologist ................................................................................................................................................. 19

THE Company Fisheries LiaIson Offcier (CFLO) ............................................................................................................. 20

Fisheries Industry Representative (FIR) ........................................................................................................................ 20

Marine Mammal Observer (MMO) and Passive acoustic monitor (PAM) Operator..................................................... 20

THE Contractor Environmetnal Clerk of Works ............................................................................................................. 20

THE Contractor Environmental Manager ...................................................................................................................... 21

All other project staff .................................................................................................................................................... 21

3.3. CEMP Staff Competence, Training and Awareness ............................................................................................... 21

Vessel inductions .......................................................................................................................................................... 22


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Toolbox talks ................................................................................................................................................................. 22

Vessel notice boards / awareness materials ................................................................................................................. 23

3.4. CEMP Communications and Reporting ................................................................................................................. 23

Internal communications .............................................................................................................................................. 23

External communications ............................................................................................................................................. 24

4. Environmental Management and Mitigation of Effects on the Seabed, Benthic and Intertidal Ecology ................................................................................................................................................. 27

4.1. Introduction .......................................................................................................................................................... 27

4.2. Regulatory Requirements & Relevant Policy & Guidance ..................................................................................... 27

4.3. Overview of Key Sensitive Receptors Present and Potential Impacts .................................................................. 28

4.4. Potential Impacts on Key Sensitive Receptors ...................................................................................................... 31

4.5. Management Requirements ................................................................................................................................. 31

5. Environmental Management and Mitigation of Effects on Marine Wildlife .............................. 33

5.1. Introduction .......................................................................................................................................................... 33


Marine mammals .......................................................................................................................................................... 33

Birds .............................................................................................................................................................................. 34

fish ................................................................................................................................................................................ 34

Otters ............................................................................................................................................................................ 34


Marine mammals .......................................................................................................................................................... 35

Birds .............................................................................................................................................................................. 35

Fish ................................................................................................................................................................................ 35

Otters ............................................................................................................................................................................ 36

5.4. Potential Impacts on Key Sensitive Receptors ...................................................................................................... 38

Marine mammals .......................................................................................................................................................... 38

Birds .............................................................................................................................................................................. 38

Fish ................................................................................................................................................................................ 38

Otters ............................................................................................................................................................................ 39


Employer Internal Guidance Documents ...................................................................................................................... 39

Marine mammals – Marine mammal protection plan (MMPP) ................................................................................... 39

Marine mammals – Seal Haul OUt sites ........................................................................................................................ 41

Birds – Marine ............................................................................................................................................................... 41

Fish ................................................................................................................................................................................ 41

Otters ............................................................................................................................................................................ 41


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Birds – Onshore ............................................................................................................................................................. 42

LandfallS ‐ General ........................................................................................................................................................ 42

6. Environmental Management and Mitigation of Effects on Other Marine Users ....................... 44

6.1. Introduction .......................................................................................................................................................... 44



6.4. Potential Impacts on Other Marine Users ............................................................................................................ 45

Commercial fisheries .................................................................................................................................................... 45

Shipping and navigation ................................................................................................................................................ 46

Other sea users ............................................................................................................................................................. 46


Commerical fisheries and other sea users .................................................................................................................... 46

Navigation ..................................................................................................................................................................... 47

Subsea Infrastructure ................................................................................................................................................... 47

7. Environmental Management and Mitigation of Effects on Marine Archaeology ...................... 49

7.1. Introduction .......................................................................................................................................................... 49


International/ EU legislation and policy ........................................................................................................................ 49

UK Legislation and Policy .............................................................................................................................................. 49

Scottish Legislation and Policy ...................................................................................................................................... 50

Local Planning Policy ..................................................................................................................................................... 50

Codes of Practice, Professional Guidance and Standards Documents ......................................................................... 50

7.3. Overview of key features of archaeological importance in the Project area and potential impacts .................... 51


8. Invasive Non Native Marine Species (INNMS) ........................................................................... 52

8.1. Introduction .......................................................................................................................................................... 52



9. Waste Management .................................................................................................................. 53

9.1. Introduction .......................................................................................................................................................... 54



General.......................................................................................................................................................................... 55

Waste Reduction ........................................................................................................................................................... 55

Storage of Waste .......................................................................................................................................................... 55


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Hazardous (special) Waste ............................................................................................................................................ 56

Transporting Waste ...................................................................................................................................................... 56

10. Pollution Prevention, Spill Response and Contingency Planning ............................................... 58

10.1. Introduction .......................................................................................................................................................... 58


vessels ‐ The International Convention for the Prevention of Pollution from Ships (MARPOL) ................................... 58

cable landfall installtion ................................................................................................................................................ 59


Pollution prevention measures offsHore ...................................................................................................................... 60

Emergency Spill Response ............................................................................................................................................ 60

Monitoring and Record Keeping ................................................................................................................................... 61

Pollution Prevention Measures onhsore (at cable landfall) .......................................................................................... 61

11. Dropped Objects ....................................................................................................................... 62

12. Monitoring and Reporting Plan ................................................................................................. 63

12.1. Introduction .......................................................................................................................................................... 63

12.2. Monitoring During Works ..................................................................................................................................... 63

Vessel Inspections ......................................................................................................................................................... 63

Monitoring of Daily Work ............................................................................................................................................. 64

Audits ............................................................................................................................................................................ 64

Corrective and Preventive Actions ................................................................................................................................ 65

12.3. Reporting During / After Works ............................................................................................................................ 65

Daily reporting .............................................................................................................................................................. 65

End of installtion reporting ........................................................................................................................................... 65

12.4. Incident Response and Reporting ......................................................................................................................... 65

13. References ................................................................................................................................ 69

Relevant Marine Policies and Plans ............................................................................ 71

A.1. Scottish National Marine Plan ............................................................................................................................... 71

Fisheries policies ........................................................................................................................................................... 72

Submarine cables policies ............................................................................................................................................. 73

A.2. Shetland Islands Marine Spatial Plan (SIMSP) ....................................................................................................... 75


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Terminology

AfL Agreement for Lease

AFS Anti‐fouling system

AIS Automatic Identification System

BWMP Ballast Water Management Plan

CEMP Construction Environmental Management Plan

CIfA Chartered Institute for Archaeologists

CFLO Companies Fisheries Liaison Officer

CLV Cable Lay Vessel

CoS Chamber of Shipping

DDV Drop Down Video

DPR Daily Project Report

ECoW Environmental Clerk of Works

EMF Electromagnetic Field

EPS European Protected Species

FIR Fishing Industry Representative

FLMAP Fishing Liaison and Mitigation Action Plan

FOCI Feature of Conservation Importance

GPP Guidance for Pollution Prevention

HES Historic Environment Scotland

OHL Over Head Line

OSPAR The Convention for the Protection of the Marine Environment of the North East Atlantic

IMO International Maritime Organisation

IUCN the International Union for the Conservation of Nature

JNAPC Joint Nautical Archaeology Policy Committee

JNCC Joint Nature Conservation Comittee

KIS‐ORCA Kingfisher Information Service Offshore Renewables and Cable Awareness

LBAP Local Biodiversity Action Plan

LNCS Local Nature Conservation Site

MARPOL International Convention for the Prevention of Pollution from Ships / Maritime Pollution

MCA Maritime Coastguard Agency

MGO Marine Gas Oil

MHWS Mean High Water Spring

MMO Marine Mammal Observer

MMPP Marine Mammal Protection Plan

MPA Marine Protection Area

MS‐LOT Marine Scotland – Licencing Operations Team

MSP Marine Spatial Plan

NCMPA Nature Conservation Marine Protection Area

NMP National Marine Plan

PAM Passive Acoustic Monitoring

PMF Primary Marine Feature

PPE Personal Protective Equipment

SAC Special Area of Conservation

SAT Shetland Amenity Trust

SEPA Scottish Environment Protection Agency


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SHE Safety, Health & Environment

SHEPD Scottish Hydro Electric Power Distribution

SIMSP Shetland Islands Marine Spatial Plan

SNH Scottish Natural Heritage

SOPEP Shipboard Oil Pollution Emergency Plan

SPA Special Protection Area

pSPA proposed Special Protection Area

SSE Scottish and Southern Energy

SSEN Scottish and Southern Energy Networks

SSSI Site of Special Scientific Interest

SWCN Special Waste Consignment Note

UKBAP UK Biodiversity Action Plan

UKHO UK Hydrographic Office

UNCLOS The United Nations Convention of the Law of the Sea

WEWS Water Environment and Water Services

WFD Waste Framework Directive

WTN Waste Transfer Note


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1. Introduction

1.1. Background

1.1.1. This Construction Environment Management Plan (CEMP) is for the replacement of the submarine electricity cables between Yell and Unst (Yell – Unst North and Yell – Unst South (the Project)) by the Scottish Hydro Electric Power Distribution plc (SHEPD, known as the Employer).

1.1.2. This CEMP outlines the mitigation measures, monitoring and reporting procedures that have been incorporated into the design and installation of the cable in order to prevent or reduce adverse environmental effects as much as possible. It covers all potential effects associated with installation of the cable and all works at the landfall occurring below Mean High Water Spring (MHWS). Given that the cable will be installed across the shore, management of potential impacts on the shore have also been considered.

1.2. Objectives of this Document

1.2.1. The purpose of this CEMP is to provide the over‐arching framework for on‐site environmental management during the installation of the cable. The works will be undertaken considering the following:

Relevant legislation;

Relevant policies in the Scottish Marine Plan and Shetland Islands Marine Spatial Plan (SIMSP) (see Appendix A);

SSE policies and procedures; and

Findings of the assessments undertaken to support the Marine Licence application.

1.2.2. This CEMP sets out the proposed environmental management framework and procedures that will be followed by the Contractor during the works. It sets out the principles that will be applied by the Contractor in formulating their own environmental management plans and describes the commitments made by the Employer in respect of environmental management and outlines the relevant environmental management and mitigation measures that will be practically implemented to prevent significant adverse impacts to environmental interests.

1.3. Structure of this CEMP

1.3.1. This CEMP is divided into the following sections:

Section Summary of Content

1 Introduction Background to and overview of the CEMP scope and structure and identification of other documents relevant to the environmental management process and the linkage between those documents and the CEMP.

Sets out the procedures for any updates to the CEMP and subsequent further approval by the Scottish Ministers.


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Section Summary of Content

2 Project Description Provides an overview of the Project and the key milestone dates.

3 Environmental Management Framework Describes the environmental management framework for the Project. It provides information on the implementation and communication of the CEMP, including key personnel roles and responsibilities.

4 Environmental Management and Mitigation of Effects on the Seabed, Benthic and Intertidal Ecology

Sets out key mitigation and management measures to mitigate or manage effects on the seabed, benthic and intertidal ecology.

5 Environmental Management and Mitigation of Effects Marine Animals

Sets out key mitigation and management measures to mitigate or manage effects on the marine animals.

6 Environmental Management and Mitigation of Effects Other Marine Users

Sets out key mitigation and management measures to mitigate or manage effects on other marine users.

7 Environmental Management and Mitigation of Effects Marine Archaeology

Sets out key mitigation and management measures to mitigate or manage effects on marine archaeology.

8 Invasive Non Native Marine Species Sets out the measures to be adopted to prevent the introduction of invasive non‐native species.

9 Pollution Prevention, Spill Response and Contingency Planning & Reporting

Sets out pollution prevention and contingency planning measures.

10 Waste Management Sets out the waste management framework to be adopted and implemented throughout the Project.

11 Dropped Objects Sets out the procedures to be followed in the event of a dropped object or accidental deposit being made.

12 Monitoring and Reporting Sets out the monitoring and reporting procedures relevant to the CEMP.


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1.4. CEMP Document Management

1.4.1. The CEMP will be a controlled document and will be formally issued to the Employers cable installation team and the Contractor. Live copies of the CEMP will be held at the following locations:

At the premises of any agent or the Contractor acting on behalf of Employer;

All site offices dealing with marine operations;

On board all offshore vessels;

With the Employers Supervisor for Offshore Works or the Employers marine Consents Manager; and

On the document management system where it will be filed by the Employer and made accessible to everyone.

1.4.2. The Employer will ensure that MS‐LOT are provided with the most up to date copy of the CEMP.

1.4.3. A register of document versions and issue dates will be maintained by Employer.

1.5. Update and Amendment to this CEMP

1.5.1. In the event that there are changes to the proposed installation methodology (e.g. that require additional management or mitigation measures or changes to measures already proposed), identification of new environmental sensitivities, or emergence of new guidance or legislative requirements etc. it may be necessary to update the CEMP.

1.5.2. Where updates to the CEMP are required, it will be the responsibility of the Contractor to notify Employer of the proposed changes, and receive approval for the proposed changes from Employer, at least six weeks prior to the change event occurring. This is necessary to allow sufficient time for Employer to communicate the proposed changes to Scottish Ministers, amend the CEMP accordingly, seek further approval for the necessary amendments or updates, and disseminating the approved changes/amendments to responsible parties.

1.5.3. All changes to the CEMP will be managed through the change management procedure set out in Figure 1.1.


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Figure 1.1 CEMP change management procedure

1.6. Linkages with Other Documents

PROJECT AND VESSEL RELATED DOCUMENTATION

1.6.1. This CEMP document sets out the proposed overarching environmental management framework to be applied during the Project and forms part of a suite of approved documents that were prepared to inform the Marine Licence application and inform the framework for environmental management of the Project.

Project Description;

Environmental Appraisal;

Fishing Liaison and Mitigation Action Plan, including other legitimate users (FLMAP);

Decommissioning Plan;

European Protected Species (EPS) Risk Assessment (to be completed prior to works); and

JNCC Marine Noise Registry (to be completed prior to works).


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2. Project Description

PROJECT OVERVIEW

2.1.1. The aim of the Project is to install two replacement 33 kV submarine electricity cable between Yell and Unst (Figure 2.1).


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Figure 2.1 Location of cable replacement works


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2.1.2. The existing Yell to Unst cables are nearing the end of their operational life. The replacement of these cables is essential to securing power supplies to Unst. The existing submarine cables will be left in‐situ on the seabed once taken out of service. This section provides an overview of the Project, further details are available in the Project Description.

2.1.3. The replacement cable will be connected into the onshore distribution grid network via existing infrastructure. Given that the onshore works are classed as Permitted Development these upgrades do not require planning consent from Shetland Islands Council. However, the potential impacts from the onshore construction activities have been assessed separately via a Phase 1 habitat survey and desk study. This will be used to inform the Contractor of any potential environmental issues to be aware of and/or specific working methods to adhere to.

2.1.4. The replacement cables will be laid along two routes, a north and a south route, between Yell and Unst. The proposed North cable will be 3.15 km (2.05 km within the marine environment) in length between the two termination points with the OHL, which are located inshore from the MHWS limit. However, the application length is 2.5 km to allow for obstacle avoidance during cable lay and tolerances with the cable lay operations. The proposed South cable will be 3.15 km (2.23 km within the marine environment) in length between the two termination points with the Overhead Lines, which are located inshore from the MHWS limit.

2.1.5. The replacement cables will have an outer diameter of 127 mm and will be installed from a Cable Lay Vessel (CLV). It will be installed within a 200 m corridor (100 m either side of the new cable route within a 500 m survey corridor (250 m either side of the new cable routes) shown in Figure 2.1), to allow for any unforeseen difficulties that arise during installation and to enable more scope for further micro‐routing during installation to avoid sensitive environmental habitats or potential marine archaeology.

2.1.6. Initially, the proposed submarine cable will be surface laid on the seabed across the length of the route. Due to the strong tidal currents the majority of the proposed cable route will be across rocky seabed with very little overlying sediment. Due to the limited sediment direct cable burial will not be possible. By initially surface laying the cable this minimises the footprint in these areas; however, cable mobility on the seabed may increase the footprint and impact on the seabed habitat. The current anticipated installation methods across the routes are summarised in Table 2.1 for the north cable and Table 2.2 for the south cable.

Table 2.1 Installation methods North cable

Location along cable route Cable installation method Length of cable (m)

Cable protection

From termination point with existing OHL to

Yell shoreline

Cable burial by open‐cut trench

from termination point with OHL

through field

170

Burial

From Yell shoreline to MLWS Cable lay 100

Up to 100 m of cast iron pipe


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Cable protection

From Yell shoreline across to KP0.5

Rock filter bags/mattresses

installed directly on the cable with

complete coverage

200

35 rock filter bags/ concrete

mattresses

From KP0.5 to Unst shoreline KP2.22


installed directly on the cable at

50m minimum spaced intervals

1,650


mattresses

From MLWS to Unst shoreline Cable lay 100


From Unst shoreline to termination point with

OHL



through field

930

Burial

Total (marine cable length) 2,050

Table 2.2 Installation methods South cable


Cable protection

From termination point with existing OHL to

Yell shoreline



through field

240

Burial

From Yell shoreline to MLWS Cable lay 100


From MLWS on Yell to KP0.5


installed directly on the cable with

complete coverage

200


mattresses

From KP0.5 to MLWS on Unst


installed directly on the cable at

50m minimum spaced intervals

1,830


mattresses


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Cable protection

From MLWS to Unst shoreline Cable lay 100


From Unst shoreline to termination point with

OHL



through field

680

Burial

Total (marine cable length) 2,230

2.1.7. At the shore end landfall locations, an open cut trench will be used to install and protect the cable inshore from the MLWS tidal limits to above mean high water springs (MHWS). To allow for micro‐routing during cable installation the landfall excavation works will take place within 100 m either side of the cable landfall positions shown in Figure 2.1. On either side where sufficient burial cannot be achieved, cast iron split pipe (up to 100 m at either landfall) will be fitted around the cable for additional protection in the event of exposure.

2.1.8. For the cable laying activities, a standard small cable lay vessel will be used. An additional smaller support vessel is likely to be required at each of the shallower shore locations; this is likely to be a multicat / dive support vessel (DSV). A four‐point anchor system for the DSV will be required to be laid out prior to commencing works in the nearshore region. An anchor handling vessel will be required to lay out the anchors, which would be within a radius of 100 m from the DSV. Where there is sensitive habitat close to shore, the anchor pattern would be designed so that it targets areas where sensitivity is reduced, thereby minimising the potential impact. A guard vessel is also likely to be used during the cable lay operations in order to ensure other vessels remain outside the area of operations, thereby reducing collision risk.

SCHEDULE

2.1.9. SHEPD propose to complete the submarine cable and onshore connection works during the period December 2018 – February 2019 or before if the necessary consents have been secured. The planned duration of the proposed cable works are no greater than 30 days, exclusive of weather. A Marine Licence is required for the period of October 2018 to March 2019. The onshore cabling works on both Yell and Unst will be completed prior to the main submarine cable installation works. The minor modifications required to the existing OHL networks will be carried out during commissioning of the submarine cable to the SHEPD network.


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3. Environmental Management Framework

3.1. Introduction

3.1.1. This section sets out the environmental management framework for the Project, under the following areas:

CEMP ‐ roles & responsibilities;

CEMP – staff competency and training; and

CEMP – communications and reporting.

3.1.2. Specific environmental management requirements and procedures are then set out in sections 4 to 12 of this CEMP.

3.2. CEMP Roles and Responsibilities and Chain of Command

3.2.1. This section sets out the roles and responsibilities of all relevant Project personnel in relation to the delivery of this CEMP.

3.2.2. All Project personnel have a responsibility to comply with the requirements of the CEMP, however the key roles relevant to the delivery and implementation of the CEMP are:

The Contractor Project Manager;

The Contractor Site Manager;

The Employer Project Manager;

The Employer Group SHE Manager;

The Employer Supervisor for Offshore Works;

The Employer Marine Consents Manager;

Retained Archaeologist;

Company Fisheries Liaison Officer (CFLO);

Fisheries Industry Representative (FIR);

Marine Mammal Observer (MMO) and PAM operator;

The Contractor Environmental Clerk of Works (ECoW); and

The Contractor Environmental Manager.

3.2.3. Once a Contractor for the Works has been confirmed, further information relating to the roles, contact details, etc. will be provided. However, the key roles identified are described in the sections below.


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THE CONTRACTOR PROJECT MANAGER

3.2.4. Amongst others is responsible for ensuring that the project is in compliance with any Consent, licence or associated information and identifying any breach or potential breach to the Employer Marine Consents Manager. Specific responsibilities, include:

Facilitate dissemination of environmental requirements to the Project Team;

Ensure and be responsible for compliance with all permits, licences and consents, and to report any deviations or breaches;

Oversee the implementation and review of environmental procedures throughout the Project;

Monitor the environmental performance of the Project through maintaining an overview of incidents, inspections and audits;

Ensure that environmental considerations form an integral part of Design and Implementation of the Works and include environmental reviews as part of regular Project meetings;

Review environmental matters with the Contractor Environmental Manager on a regular basis and as per Project requirements;

Liaise with the Contractor Environmental Manager on all environmental issues as appropriate;

Ensure that all environmental incidents are reported to the Contractor Environmental Manager according to agreed procedures; and

Nominate individual Project Team members to support the Employer in public relations and community liaison activities, including local community meetings.

THE CONTRACTOR SITE MANAGER

3.2.5. The Contractor Site Manager will be responsible for overseeing the monitoring of environmental and licence compliance during works. The Contractor Site Manager is experienced in ensuring site operations function in a manner that is environmentally compliant, and will be supported by the ECoW. Specific, responsibilities include:

Maintaining a full time presence on site;

Understanding and implementing all environmental procedures ensuring that site operations function in compliance;

Reporting environmental incidents at the earliest possible time and advising the Contractor Environmental Manager & Project Manager;

Overseeing site works with a view to reducing the environmental impact of the works and raising any environmental concerns with Contractor Environmental Manager & Project Manager; and

Ensuring toolbox talks are carried out as necessary on relevant environmental topics and records maintained.


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THE EMPLOYER PROJECT MANAGER

3.2.6. Amongst others is responsible for ensuring that the project is in compliance with any Consent, licence or associated information and identifying any breach or potential breach to the Employer Marine Consents Manager.

THE EMPLOYER GROUP SHE MANAGER

3.2.7. The Group SHE Manager shall ensure that:

Incidents are thoroughly investigated and reported throughout the Company;

Assistance is provided, when appropriate, during investigations;

Investigation levels are appropriate to the actual or potential severity of the incident; and

Incidents are reported in compliance with statutory requirements.

THE EMPLOYER SUPERVISOR FOR OFFSHORE WORKS

3.2.8. The Employer Supervisor for Offshore Works shall be responsible for ensuring that the Employers requirement under the contract with the Contractor are met. They shall be responsible for identifying and raising any defects or breaches against the contract, licences or supporting information. These defects and breaches shall be detailed in the Daily Project Report (DPR).

THE EMPLOYER MARINE CONSENTS MANAGER

3.2.9. The Employer Marine Consents Manager shall be responsible for:

Obtaining Marine Licences, Marine Works Licences and Marine EPS Licences (as appropriate) and any other licences or consents for the works;

Review and acceptance of Contractor documentation;

Conducting vessel inspections and pre works briefings where they relate to licence conditions or Consent compliance; and

Working alongside with the external stakeholder engagement team in developing relationships, including with Marine Scotland and Crown Estate Scotland (and any other relevant stakeholders), to ensure that the project information is communicated as and when appropriate, in order to build consensus around project decision making.

3.2.10. They shall be in direct communication with the Employer Project Manager and Employer Supervisor for Offshore Works.

RETAINED ARCHAEOLOGIST

3.2.11. The Employer shall contract a Retained Archaeologist as appropriate to provide archaeological consultancy and to report as appropriate to The Employer and Historic Environment Scotland (the Archaeological Curator).

3.2.12. The Employer shall advise the Retained Archaeologist of their requirements or responsibilities under this CEMP for the cable laying.


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THE COMPANY FISHERIES LIAISON OFFCIER (CFLO)

3.2.13. The primary responsibilities of the CFLO are to establish and maintain effective communications between The Employer, the Contractor and legitimate sea users during the Project, and ensure compliance with best practice guidelines whilst doing so.

3.2.14. The primary responsibilities of the CFLO are described in detail in the FLMAP.

FISHERIES INDUSTRY REPRESENTATIVE (FIR)

3.2.15. The FIR reports to the CFLO and works in conjunction with The Employer.

3.2.16. The primary responsibilities of the FIR are also described in the FLMAP.

MARINE MAMMAL OBSERVER (MMO) AND PASSIVE ACOUSTIC MONITOR (PAM) OPERATOR

3.2.17. The Marine Mammal Observer (MMO) and Passive Acoustic Monitor (PAM) operator shall be trained and experienced in UK waters and shall implement the requirements set out in any applicable EPS Licence, Marine Mammal Protection Plan (MMPP) or EPS Risk Assessment, along with compliance with any other applicable legislation or guidance such as the JNCC 2017 guidance for seismic survey. They shall be employed by the Contractor and shall be dedicated to the role on a full time basis. A minimum of two MMO/PAM operators will be provided for 24 hour works and be operating from a vessel.

THE CONTRACTOR ENVIRONMETNAL CLERK OF WORKS

3.2.18. The Contractor Environmental Clerk of Works (ECoW) shall be responsible for:

Carrying out regular environmental checks keeping records as appropriate as delegated by the Contractor Project Manager;

Reviewing the success of environmental protection measures;

Advise and instruct Project Team personnel, when necessary, on the correct implementation of environmental mitigation and protection measures as per those set out within this CEMP;

Supporting the Contractor Environmental Manager (and the wider Project Team) in the environmental audits as required and advise on the implementation of environmental mitigation and protection measures; and

Providing environmental awareness training relevant to environmental compliance detailed within this document which will be given at appropriate times to Project personnel.


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THE CONTRACTOR ENVIRONMENTAL MANAGER

3.2.19. The Contractor Environmental Manager will be based at the Contractors site office and be in close contact with the Contractor ECoW, Site Manager & Project Manager. The Contractor Environmental Manager shall be responsible for:

Preparation, implementation and undertaking reviews of environmental plans in accordance with Employer and Contractor requirements and procedures and current legislation;

Maintaining current environmental legislation register, reviewing as per relevant new developments;

Providing the necessary updates and reports to Project Team and Employer;

Interfacing with site staff and subcontracted companies on environmental issues;

Ensuring the Project specific CEMP is implemented, ensuring compliance with procedures and legislation;

Checking all documents for Duty of Care requirements;

In conjunction with the Employer, liaising with government departments, local authorities and other statutory authorities on environmental matters, as per project needs;

Reviewing Method Statements against environmental issues; and

In the event of an environmental incident, the Contractor Environmental Manager will be contacted by the onsite ECoW, and will communicate incidents as per the emergency response procedures.

ALL OTHER PROJECT STAFF

3.2.20. All other project staff, are responsible for ensuring that they adhere to the following:

Understand and implement procedures relevant to their role as laid out in the CEMP and the associated documentation including FLMAP;

Conduct their work with a view to reducing the environmental impact of the Project and to raise any environmental concerns with their supervisor or the Contractor Environmental Manager; and

Report all environmental incidents to their supervisor or the Contractor Environmental Manager as soon as possible.

3.2.21. The Contractor roles outlined above may not be stand alone and one person may fulfil two or more outlined roles.

3.3. CEMP Staff Competence, Training and Awareness

3.3.1. The Employer will ensure that a Project organogram is in place and that the roles and responsibilities of all named personnel are clear and that clear project management procedures are in place for all aspects of the Project, including those related to environmental management measures.

3.3.2. The Employer has a documented process in place to manage the selection and ongoing performance of the Contractor to ensure that the SHE risks associated with the Contractors’ activities are managed effectively.


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3.3.3. The Employer will require that the Contractor has appropriate environmental management procedures in place. As a minimum, the Contractor is expected to have one full time dedicated site Environmental Clerk of Works (ECoW), one Environmental Manager and a MMO/PAM operator (working from a vessel with a minimum of two for 24 hour working).

3.3.4. The Employer (or their appointed representative) will undertake ongoing audit and inspection of The Contractor’s work to check compliance with SHE requirements.

3.3.5. The Employer will require that all Project personnel attend required inductions including, but not necessarily limited to, matters related to Employer’s environmental rules and policies, Site Rules, Health and Safety requirements, arrangements for First Aid and Emergency Response (including environmental pollution and emergency spills), Environmental Management, including Consent compliance requirements and Incident Management.

3.3.6. Training and awareness specific to this CEMP will be delivered using the following tools:

Vessel inductions;

Toolbox talks; and

Vessel notice boards / awareness materials.

3.3.7. The Contractor records of training will be maintained and filed by the Contractor and provided to Employer prior to works commencing, then monthly during works (as appropriate). The records will include the content of the training delivered and record of attendance.

VESSEL INDUCTIONS

3.3.8. Vessel inductions shall cover environment, consents and licence issues, highlighting the key environmental sensitivities and considerations. This is to ensure that every Project Team member is aware of their duty and the work related specific needs/hazards. Vessel Inductions are utilised to raise awareness for personnel regarding site/vessel rules, emergency response procedures and environmental protection arrangements.

TOOLBOX TALKS

3.3.9. A toolbox talk will be held for the all vessel crew as part of the daily (or as required) briefing to be held before starting the operation. In addition a toolbox talk will be held for any significant abnormal task or change in operation. These meetings are to address the exact nature of the task and HSE issues specific to the task being performed during a new working day/shift or task change. A list of attendees will be recorded at each toolbox talk meeting. Toolbox talks are a combination of briefing followed by a consultation with the workforce to check understanding and invite opinion.

3.3.10. If an unusual operation is being performed, a further toolbox talk is undertaken with the specific staff that will undertake the task. It will include a review of the task specific risk assessment and method statement. This is an open meeting where opinion is invited to ensure that each person understands and agrees with the specific environmental requirements.

3.3.11. The Contractor shall be responsible for delivery of specific training on the purposes, requirements and procedures of the CEMP and associated documentation, through the toolbox talk. The toolbox talk will be designed to convey key points in a clear and concise manner. For example, on pollution prevention measures it would cover key roles and responsibilities, environmental sensitivities in the vicinity of the Project, and procedures to follow in the event of any spill.


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3.3.12. Toolbox talks are held on a regular basis, and additionally where required as the Project progresses. Representatives from all parties involved will be expected to participate. During the toolbox talk, all parties are given the opportunity to discuss and hear advice on environmental matters such as waste disposal and handling and storage of hazardous substances. Details of toolbox talks and personnel attending are recorded and maintained on site.

VESSEL NOTICE BOARDS / AWARENESS MATERIALS

3.3.13. In addition to induction and talks, the Employer Marine Consents Manager will be responsible for managing the preparation of a series of awareness materials (as appropriate), which may include training packs, posters, signs and newsletters. For example, posters on specific procedures can be on display on notice boards on the vessels.

3.4. CEMP Communications and Reporting

INTERNAL COMMUNICATIONS

3.4.1. The following summarises the lines of communication between the key roles in relation to the implementation of the CEMP:

The Contractor Environmental Manager and Contractor ECoW play a key role in the delivery of the CEMP, alongside the Employer Marine Consents Manager and Employer Supervisor for Offshore Works. In fulfilling this role the Employer Marine Consents Manager and Employer Supervisor for Offshore Works can establish direct contact with the Employer Project Manager;

The Employer Marine Consents Manager will report directly to MS‐LOT on compliance with the CEMP;

The Employer Marine Consents Manager will liaise with MS‐LOT and other stakeholders on environmental matters; and

The Employer Marine Consents Manager and Employer Supervisor for Offshore Works will maintain direct contact with and report on the CEMP compliance and environmental management issues to the Employer Project Manager.

3.4.2. During the works, daily (or as required) meetings / calls will take place involving the Employer Project Manager, the Contractor representatives, the Employer Marine Consents Manager and the Employer Supervisor for Offshore Works. Consents and licence compliance and environmental management wil be discussed as necessary. Any issues or points to note will be recorded in the Daily Project Report (DPR).

3.4.3. The Contractor will be required to provide regular written reports to the Employer on installation activity. Contractor reporting will include information on environmental management such as details of environmental incidents (if any), environmental statistics and records of environmental inspections / audits undertaken and any such other information as may be required for the Employer Marine Consents Manager to complete their reporting responsibilities. This information will inform the external reporting to MS‐LOT (see below).

3.4.4. All Project personnel will be required to report any environmental concerns or issues to the Contractor Environmental Manager and/or Employer Supervisor for Offshore Works immediately. See section 12.4 for incident reporting.


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EXTERNAL COMMUNICATIONS

3.4.5. Table 3.1 summarises the CEMP external reporting requirements, mechanisms and frequencies.

3.4.6. The relevant returns and notifications as required by the Marine Licence (and set out in Table 3.1) will be collated from information supplied by the Contractor and the Employer Project Team where necessary.

Table 3.1 CEMP External Communications

Communication type Responsible party Proposed frequency Relevant stakeholders

Pre installation reporting requirements

Proposed date of commencement of installation

The Employer Marine Consents Manager

No later than 4 weeks prior to commencement of the works

MS‐LOT

Details of the proposed nature and timescale of the cable installation works

CFLO via Notice to Mariners (NTM)

No later than 1 week prior to commencement of the works

All appropriate maritime users

Details of the proposed nature and timescale of the cable installation works

CFLO via NTM No later than 10 days prior to commencement of the works

All appropriate maritime users

Details of the proposed nature (in particular vessel routes, and working areas) and timescale of the works

CFLO via NTM Prior to commencement of the works

Kingfisher Fortnightly Bulletin

Details of the proposed nature and timescale of the works and details to allow for safe fishing activity in the cable corridor (if appropriate)

CFLO via NTM Prior to commencement of the works

Fishermen, their representatives and other relevant marine stakeholders

Registration of any noisey activities in the JNCC Marine Noise Register


Prior to submission of the Marine Licence and EPS Licence (if relevant) applications

JNCC

During installation reporting requirements

Details of the proposed nature and timescale of the works and details to allow for safe fishing activity in the cable corridor (if appropriate)

CFLO via NTM During works (as / if required)

Fishermen, their representatives and other relevant marine stakeholders

Change to any of the information on which the Marine Licence is based


As soon as reasonably practical

MS‐LOT


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Details of any part of the licenced works that has become a danger to navigation or protection of legitimate users of the sea


As soon as reasonably practical

Maritime and Coastguard Agency (MCA), Northern Lighthouse Board (NLB) and Kingfisher Information Service Offshore Renewables and Cable Awareness (KIS‐ORCA)

Environmental or pollution incidents

The Employer Marine Consents Manager and Supervisor for Offshore Works

Should one occur within 24 hrs for minor incidents within 30 mins for major incidents

MS‐LOT, MCA

Archaeological discovery Retained Archaeologist

Following an archaeological discovery

Historic Environment Scotland (HES) and MS‐LOT

Post installation reporting requirements

Notification of completion of the works


Within one week of completion of the works

MS‐LOT

Nature and quantity of all substances and articles deposited below Mean High Water Springs (MHWS)


Within four weeks of completion of the works

MS‐LOT

Copy of Marine Licence and ‘As Laid Plan’


Following completion of the works

The Hydrographic Office

And notify MS‐LOT of the notification at the time it is made

Cable route and a 500 m zone either side of it as a hazardous area for anchoring



Maritime and Coastguard Agency (MCA), UK Hydrographic Office (UKHO), Northern Lighthouse Board (NLB), the Kingfisher Information Service Offshore Renewables and Cable Awareness (KIS‐ORCA) and the UK International Cable Protection Committees

And notify MS‐LOT of the notification at the time it is made

Assessment of any risks posed by final subsea cable route, burial depths and untrenched areas where protection measures were used (to ensure that the safety of navigation and other legitimate users of the sea is not compromised)


Within eight weeks of completion of the works

MS‐LOT


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Marine mammal sightings

The Contractor to prepare MMO reports for issue to MS‐LOT by the licence holder

Within 4 weeks of completion of the works

MS‐LOT, JNCC and SNH

Close out of noisey activities registered in the JNCC Marine Noise Register



JNCC


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4. Environmental Management and Mitigation of Effects on the Seabed, Benthic and Intertidal Ecology

4.1. Introduction

4.1.1. This section describes the regulatory and policy framework under which the Employer is required to ensure the protection of the seabed and benthic and intertidal ecology in the Project area. This section then goes on to provide an overview of the key characteristics of, and potential impacts on, the seabed and benthic and intertidal ecology in the Project area, and identifies a series of management and mitigation measures that are required to ensure potential impacts on the seabed and benthic and intertidal ecology are avoided and / or minimised.

4.2. Regulatory Requirements & Relevant Policy & Guidance

4.2.1. An integral aspect of the assessment of potential impacts on benthic and intertidal ecology is the identification of habitats and species of conservation importance in the Project area and assessment of potential impacts on these. There are a number of different statutes and guidance that are relevant in this regard with respect to benthic and intertidal areas.

4.2.2. The Habitats (Scotland) Regulations 1994 (as amended) transcribe the requirements of the Habitats Directive in Scotland, on land and in inshore waters (within 12 nm). The Habitats Directive lists 13 marine habitats and eight marine species in Annexes I and II respectively. To meet the requirements outlined in Article 3 of the Habitats Directive, Special Areas of Conservation (SACs) have been designated in UK offshore and Territorial Waters to contribute to the European network of important high‐quality conservation sites that will make a significant contribution to conserving these species and habitats outlined in the Directive.

4.2.3. The closest designated SAC to the proposed cable routes between Yell and Unst is the Yell Sound Coast SAC, 24 km south‐east of the Project area. This site is designated for the protection of otter Lutra lutra and harbour seal Phocoena vitulina, both listed on the Annex II of EU Habitats Directive. There are no designated benthic features within this site.

4.2.4. The Marine (Scotland) Act 2010 established powers for Scottish Ministers to designate a suite of 30 Nature Conservation Marine Protected Areas (NCMPAs), 17 of which are located within Scottish territorial waters (out to 12 nm) and 13 in offshore areas (12 nm to 200 nm). The aim of the NCMPAs, is to provide protection for a wide range of important marine habitats and wildlife and features of geology and geomorphology importance. The NCMPAs build on, and are designated to complement, the suite of existing network of protected sites that already exist in Scottish Waters including SACs, SPAs and SSSIs. There is one NCMPA in the immediate vicinity of the Project area, the Fetlar to Haroldswick NCMPA located 1.6 km south. The benthic features designated within this site include circalittoral sand and coarse sediments, horse mussel beds, kelp and seaweed communities on sublittoral sediments, maerl beds, shallow tide‐swept coarse sands with burrowing bivalves, and for the geomorphology of the Scottish shelf seabed (SNH, 2014).

4.2.5. The Scottish MPA Selection Guidelines identifies a list of 41 MPA search features of which 21 are benthic habitats and five are benthic species with low or limited mobility.


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4.2.6. Scottish Natural Heritage (SNH) and the Joint Nature Conservation Committee (JNCC) have been working with Marine Scotland to develop a priority list of marine habitats and species in Scotland's seas, known as Priority Marine Features (PMFs). The list, which comprises 56 PMFs including eight habitats and species groups, 11 individual habitats and 37 species, was developed to help deliver Marine Scotland's vision for marine nature conservation outlined in the Marine Nature Conservation Strategy, acting as a focused list of marine habitats and species to help target future conservation work in Scotland. During 2013, Marine Scotland ran a consultation on the recommended list of PMFs.

4.2.7. The UK Biodiversity Action Plan (UKBAP) was launched in 1994 as a means of meeting the UK’s obligations under the Biodiversity Convention. UK BAP priority species are those identified as being the most threatened and requiring conservation action under the UK BAP. As a result of devolution, and new country‐level and international drivers and requirements, much of the work previously carried out by the UK BAP is now focused at a country‐level rather than a UK‐level, and in July 2012 the UK BAP was succeeded by the UK Post‐2010 Biodiversity Framework'. The UK list of priority species, however, remains an important reference source and has been used to help draw up statutory lists of priorities in Scotland.

4.2.8. Local Biodiversity Action Plans (LBAPs) are seen as the means by which the UKBAP and the Scottish Biodiversity Strategy are implemented at the local level. Targets set nationally for species and habitats of conservation concern are translated into actions which are achievable in a local context. Living Shetland is the Island’s Local Biodiversity Action Plan (LBAP), it identifies locally important habitats and species and highlights and promotes conservation actions. It also highlights actions from key sectors and promotes action for biodiversity at the community level.

4.2.9. The Convention for the Protection of the Marine Environment of the North East Atlantic ‐ the OSPAR Convention is the mechanism by which 15 governments of Western Europe work together to protect the marine environment of the North East Atlantic. In 2003, the UK government committed to establishing a well‐managed, ecologically coherent network of Marine Protected Areas (known as the OSPAR MPA commitment). A list of 54 habitats and species (including marine and intertidal habitats) are considered to be under threat or in decline within the northeast Atlantic has been produced by OSPAR (a number are also Priority Marine Features (PMF)). A number of these habitats and species have also been identified as PMFs.

4.2.10. The Scottish Government adopted the National Marine Plan in 2015 to provide an overarching framework for marine activity in Scottish waters. The plan is underpinned by a set of general policies which apply across existing and future development and use of the marine environment; policies of particular reference to this Project and impacts on seabed and intertidal habitats and species include:

Compliance with legal requirements for protected areas and protected species;

Not result in significant impact on the national status of Priority Marine Features (PMF); and

Protect and, where appropriate, enhance the health of the marine environment.

4.3. Overview of Key Sensitive Receptors Present and Potential Impacts

4.3.1. An assessment of the potential impacts of the Project on the seabed, and benthic and intertidal habitats and species within the Project area was carried out in support of the Marine Licence application. The assessment was based on data collected from a desk study that used published


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data sources including the National Marine Plan interactive (NMPI, 2018) and the Shetland Islands' Marine Spatial Plan (NAFC, 2015), along with results from a previous cable risk assessment survey undertaken along the Yell‐Unst cable routes (ESG, 2015) and the 2018 Environmental Appraisal survey at North and South cable landfalls at Yell and Unst (ERM, 2018a, 2018b). The key sensitive receptors will be reviewed and updated following the marine surveys undertaken during May – June 2018.

4.3.2. The aim of the environmental desk study was to identify habitats and biotopes present along the proposed cable route. Key findings from the desk study are summarised is Table 4.1.

Table 4.2 Broad‐scale habitats present along the proposed cable route

Section of South

cable Nature of seabed disturbance Habitat type

Intertidal areas at

Yell and Unst Cable burial in open‐cut trench Potential Annex I 'vegetated shingle' habitat

Surface laid cable with cast iron

protection, where cable burial cannot be

achieved

High energy infralittoral rock

From Yell shoreline

up to KP0.5 Surface laid cable with complete concrete

mattresses/rock filter bags coverage High energy infralittoral rock

From KP0.5 to Unst

shoreline KP2.22 Surface laid cable with partial protection High energy infralittoral rock.

Kelp communities are known to occur along a section of the

proposed cable routes within the bay to the west of Loch

Snarravoe on Unst (NAFC Marine Centre, 2015). Kelp beds

are designated as Scottish PMFs.

Nearshore areas DSV anchoring system High energy infralittoral rock.

Potential kelp communities within the bay to the west of

Loch Snarravoe on Unst.

4.3.3. The nearest conservation site to the proposed Yell ‐ Unst cable routes with benthic features is is the Fetlar to Haroldswick NCMPA located 1.6 km south of the Project area. The benthic features designated within this site are circalittoral sand and coarse sediments, horse mussel beds, kelp and seaweed communities on sublittoral sediments, maerl beds, shallow tide‐swept coarse sands with burrowing bivalves, and geomorphology of the Scottish shelf seabed. Of these features only kelp beds are potentially present in the immediate vicinity of the proposed cable route, within the bay to the west of Loch Snarravoe on Unst. The distribution of broad‐scale habitats along the proposed routes of the replacement cables are illustrated in Figure 4.1.


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Figure 4.1 ‐ EUSeaMap broad‐scale seabed habitat classification in the vicinity of the Project area (NMPI, 2018)


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4.4. Potential Impacts on Key Sensitive Receptors

4.4.1. The potential impacts on key sensitive receptors were assessed in the environmental desk study. Following the marine surveys to be conducted in May – June 2018, the potential impact will be reviewed and updated.

4.4.2. The impact assessment work concluded that, although the proposed route of the replacement cable crosses areas of potential kelp beds listed PMFs and potential Annex I 'vegetated shingle', there are not anticipated to be any significant impacts on these features of conservation importance.

4.4.3. Due to the strong tidal currents, the majority of the proposed cable route will be across rocky seabed with very little overlying sediments, therefore cable burial will not be possible. To stabilise the cable where burial cannot be achieved, SHEPD plan to lay either rock filter bags or concrete mattresses on the cable, with complete coverage from Yell shoreline up to KP0.5, and then placed at roughly 50 m intervals from KP0.5 to Unst shoreline along each cable route. This is necessary to prevent the cable from being moved around on the seabed by the strong tidal currents that flow through the area. The will also minimise potential impacts from direct substratum and habitat removal associated with cable burial activities.

4.4.4. Although placement of the cable across the potential kelp beds and potential Annex I 'vegetated shingle' habitat will result in physical disturbance and habitat loss, the total area of impact on the seabed will be very small (0.28 km2). Potential impacts are therefore not significant. This is due to the highly localised nature and small scale of the impact, limited to the immediate footprint of the cable (outer diameter is 127 mm) and rock filter bags/concrete mattresses (4 m2 per rock filter bag/18 m2 per mattress).

4.5. Management Requirements

4.5.1. The following management requirements have been identified to prevent / minimise potential impacts on benthic habitats and species:

The cable will be surface laid through most of the proposed cable route. This will minimise potential disturbance to these habitats and features;

Rock filter bags/concrete mattresses will be used to hold the surface laid sections of the cable in position on the seabed. This is necessary to prevent movement of the cable induced by strong tidal flows through the Yell Sound and subsequent impact of this movement on kelp beds potentially present along the proposed cable route;

The cable will be surface laid over the route (except at landfall), and will be held in place by rock filter bags/concrete mattresses with complete coverage from Yell shoreline up to KP0.5 due to the strong tidal flows. From KP0.5 they will be regularly spaced spot locations (approximately every 50 m) to pin the cable to the seabed. In areas of softer sediment at the landfalls, the cable will be buried. This will limit the area affected by the trenching activities to a corridor of 10 m width. Trenching will generate some sediment suspension. However, due to the short distances over which trenching is required (maximum of 32 m of trenching estimated at the South cable route landfall at Unst), the temporary nature of the jet trenching activities and the strong tidal flows through the Yell Sound, any suspended sediment will be rapidly dispersed;


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Where smaller multicat / dive support vessels (DSV) are required for operations in shallower waters near the two landfalls, a four‐point anchor system will be required to the laid out on the seabed prior to works commencing in the nearshore area. The anchors, will be within 100 m from the multicat / DSV, will be installed by an anchor handler. The position for each of the anchors will be identified to avoid any potential areas of sensitive habitat;

Once works are complete the anchors will be removed by the anchor handler in order to minimise the risk of anchor drag or additional disturbance to the seabed;

EMF has been minimised through a three‐core design and double wire armouring of the cable (see section 5); and

Good practice pollution control measures will be in place to minimise risk of contamination, further details can be found in section 10.


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5. Environmental Management and Mitigation of Effects on Marine Wildlife

5.1. Introduction

5.1.1. This section describes the regulatory and policy framework under which the Employer is required to ensure the protection of marine wildlife in the Project area. This section then goes on to provide an overview of the key sensitive receptors in the Project area and identifies a series of management and mitigation measures that are required to ensure potential impacts on these receptors are avoided and / or minimised.


5.2.1. Legal protection is afforded to the different species present in the Project area. This is summarised below.

MARINE MAMMALS

5.2.2. All species of cetacean (whale, dolphin and porpoise) occurring in UK waters are listed in Annex IV (species of community interest in need of strict protection) of the Habitats Directive as European Protected Species (EPS) and fully protected in Scottish territorial waters (out to 12 nm) under the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended). These regulations prohibit the deliberate killing, disturbance or the destruction of these species or their habitat. Bottlenose dolphin and harbour porpoise are also listed on Annex II of the Habitats Directive as species whose conservation requires the designation of Special Areas of Conservation (SACs) as enforced through Schedule 2 of the Habitats Regulations. EPS species will be present in the Project area; however, there are no existing or proposed protected sites for cetaceans in Shetland. The nearest sites are: The Inner Hebrides and the Minches cSAC (north west coast Scotland), which has been designated for harbour porpoise; The Moray Firth SAC (north east coast Scotland) which is designated for bottlenose dolphin; and The possible North East Lewis Nature Conservation Marine Protected Area (NCMPA) (also north west Scotland) which has been proposed for Risso’s dolphin. Given the distance of these sites from the proposed work areas (more than 200 km) the potential for the activities to impact individual animals from these sites and for this to affect the wider species populations associated with the sites, is highly unlikely.

5.2.3. Cetaceans are also listed in Schedule 5 of the Wildlife and Countryside Act 1981 which prohibits their deliberate killing, injuring or disturbance. The Nature Conservation (Scotland) Act 2004 makes amendments to the Wildlife and Countryside Act 1981 in Scottish waters, including the addition of 'reckless' acts to species protection which make it an offence to intentionally or recklessly disturb a cetacean.

5.2.4. Although not afforded the strict protection of EPS through the Habitats Directive, pinniped species occurring in UK waters are listed in in Annex V (and hence Schedule 3 of the Habitats Regulations) such that they are defined as species of community interest and taking in the wild may thus be subject to management measures. Two species, grey and harbour seals, are also listed in Annex II as species whose conservation requires the designation of SACs and they are thus featured on Schedule 2 of the Habitats Regulations.


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5.2.5. The Marine (Scotland) Act 2010 also makes it an offense to "recklessly or intentionally harass" seals at any designated haul out location in Scotland.

5.2.6. In addition to the legislative protection afforded to cetaceans and pinnipeds, species of cetacean occurring regularly in UK waters are designated as UK Biodiversity Action Plan (UKBAP) species, as is the harbour seal. Seven cetacean and two seal species are listed on the Scottish Priority Marine Features (PMF) list.

BIRDS

5.2.7. All rare, threatened or vulnerable bird species listed in Annex I of the Birds Directive, and all regularly occurring migratory species, are afforded protection through the designation of Special Protection Areas (SPAs). In 2016, the Scottish Government identified a suite of an additional 15 proposed SPAs (pSPAs) for marine birds. These pSPAs have been identified specifically for the protection of at sea territories for 45 species of rare and vulnerable seabirds which depend on the marine environment for a large part of their lifecycle. The proposed cable routes are located within the Blue Mull and Colgrave Sounds proposed SPA (pSPA). This site has been proposed as a protected site for the presence of breeding red‐throated diver (Gavia stellata).

5.2.8. All wild birds in the UK are also protected under the Wildlife and Countryside Act 1981 (as amended). Under this Act it is an offence to intentionally or recklessly: kill, injure, take, damage, interfere, disturb or harass wild birds listed on Schedule 1 and 1A. This applies to their nests, eggs and young.

FISH

5.2.9. Atlantic salmon, allis and twaite shad, and sea and river lamprey (diadromous migratory species) are listed on Annex II of the Habitats Directive and, as such, are afforded protection through the designation of SACs. These species are also listed on the International Union for the Conservation of Nature (IUCN) Red List Atlantic salmon. Atlantic salmon, sea and river lamprey are also listed as PMFs and also on the Convention for the Protection of the Marine Environment in the North East Atlantic (OSPAR) list of marine habitats and species considered to under threat or in decline within the north‐east Atlantic.

5.2.10. A number of elasmobranchs species (sharks, rays and skates) are also listed as OSPAR species and listed on the IUCN Red List as being vulnerable, except white skate which is listed as endangered and common skate which is listed as critically endangered. Most species are also UK BAP species. Basking shark, spurdog and common skate are also listed PMFs. Basking shark is also protected under the Wildlife and Countryside Act 1981. Herring and sandeel (benthic spawners) are also PMFs.

OTTERS

5.2.11. Otters are a European Protected Species (EPS) and, as such, are protected against deliberate or reckless harassment, disturbance including while occupying their structure/shelter or rearing/caring for their young. It is also an offence to obstruct access to a breeding site or resting place or damage or destroy a breeding site or resting place of such an animal, including when the animal is not there. Otters are also listed in Annex II as species whose conservation requires the designation of SACs. There is no designated protected site with marine components (with otter as a designted feature) located in the immediate vicinity of the replacement cable routes and landfall locations. The SAC with otters as a designated feature in closest proximity is the Yell Sound Coast Special Area of Conservation (SAC) (Figure 5.1). The site, which extends along the coast within the Yell Sound, is


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designated for the presence of harbour seal (Phoca vitulina) and European otter (Lutra lutra), both listed on the Annex II of EU Habitats Directive and is located 24 km soth‐east from the cable routes.


5.3.1. Based on the information that has been collected and assessed in support of the Marine Licence application the following species maybe present in the vicinity of the marine cable route corridor and cable landfall works.

MARINE MAMMALS

5.3.2. Six species of cetacean occur regularly in waters around Shetland: harbour porpoise; white‐beaked dolphin, minke whale, Killer whale, Risso’s dolphin. More rare sitings are striped dolphin and humpback whale. Of these the harbour porpoise and white‐beaked dolphin are the most frequently recorded species in the vicinity of the Project area. Both species are PMFs. Harbour porpoise is also listed on Annex II of the Habitats Directive.

5.3.3. There is also potential for grey and harbour seals to be present in the Project area. The proposed cable routes are located 24 km south‐east (28 km by sea) from the Yell Sound Coast SAC, where harbor seals seals are a qualifying feature. Thus, they are within forgaing range for harbor seal. There are also a number of designated seal haul out sites in the Project area. The majority of sites are located at a reasonable distance from the area of works (closest 2 km north, Westling Seal haul‐out) and vessels associated with the Project will not be present in the waters adjacent to these sites.

BIRDS

5.3.4. Waters around Shetland support a number of nationally and internationally important populations of seabird and waterfowl. As such, a number of SPAs and pSPAs have been designated to protect key species. The proposed cable routes are located within the Bluemull Sound pSPA, designated for breeding red‐throated diver. Red throated divers are considered to be sensitive to disturbance during the breeding season. The closest designated SPA to the Project area is the Hermaness, Saxa Vord and Valla field SPA, located approximately 3 km to the north‐east of the Project area.

5.3.5. There are eight RSPB Reserves in Shetland, the closest of which is Yell (3.4 km south of the Project area) (NMPI, 2018).

5.3.6. There are also 78 SSSIs in Shetland, including 31 for marine biological features and 36 coastal sites for geological and morphological features (NAFC Marine Centre, 2015). The closest SSSI is the North Fetlar SSSI, located 6 km to the south‐east of the proposed Yell – Unst cable routes. This site is designated as SSSI for the protection of a number of breeding seabirds and land birds, grey and harbour seals, and for the presence of Calaminarian grassland and serpentine heath (SNH, 2014).

5.3.7. There are 49 designated Local Nature Conservation Sites (LNCS) in Shetland. The closest LNCS is located approximately 340 m to the north of the Project area, and is designated for land geodiversity features (NAFC Marine Centre, 2015).

5.3.8. A small colony of Arctic tern (Sterna paradisaea) is known to breed at Loch Snarravoe, approximately 200 m south‐west of the cable landfall at Unst (ERM, 2018).

FISH


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5.3.9. There is potential for a number of fish species to be present within the Project area (Aires et al., 2014). These include species that depend the seabed for spawning (benthic spawners) (herring and sandeel) elasmobranchs (sharks and rays) and diadromous migratory species e.g. Atlantic salmon. In terms of benthic spawners, although there is potential for sandeel spawning in the Project area, this is only at a low intensity. The seabed within the working corridor is predominatntly rocky which is generally unsuitable for sandeels which prefer sandy sediments for spawning.

5.3.10. Elasmobranchs (sharks, rays and skates) use electroreceptors to detect very small changes in electrical currents. They have slow growth rates and low reproductive output compared to other fish species and therefore can be slow to recover if their populations are rapidly depleted. Consequently, due to pressures from overfishing many elasmobranchs are listed on the IUCN Red List. Key elasmobranch species in Shetland waters include skate, spurdog, spotted ray and basking shark.

5.3.11. Migratory diadromous fish species are also considered to be electro‐sensitive in that they are able detect induced voltage gradients. Atlantic salmon, sea trout and European eel, for example, use magnetic fields for orientation and navigation during migration, while river and sea lamprey are thought to use weak low‐frequency electric field to detect prey and predators. Research by Godfrey et al., 2014 and Guerin et al., 2014 suggests that Atlantic salmon may migrate through waters to the north and east of Orkney in addition to the Pentland Firth. However, it is uncertain whether Atlantic salmon migrate through the Orkney and Shetland waters or if they prefer the Pentland Firth route or use it exclusively (Malcolm et al., 2010). There are no known salmon rivers in the direct vicinity of the Project area (NMPI, 2018).

5.3.12. There is also potential for noise sensitive fish species, such as cod and herring, to be present in the Project area.

OTTERS

5.3.13. Scotland is recognised as a stronghold for the otter in Europe, and is the most significant terrestrial mammal in Shetland. Along with harbour seal, the Yell Sound Coast SAC has been designated for the presence of European otter (L. lutra). The site supports approximately 80 otters with the highest densities in Britain, thus representing 2.5% of the UK population.

5.3.14. Three sightings of otter (L. Lutra) have been recorded from a recorded position approximately 760 m to the north of the proposed Yell landfall in 1979, 1991 and 2015 (NBN Atlas, 2018). A site survey was conducted at Yell and Unst landfalls for the north cable route on 26th January by the Shetland Amenity Trust (ERM, 2018a, 2018b). At Yell, high levels of otter activity were recorded along the coast. However, no holts were recorded within 200 m of the proposed North cable route (ERM, 2010a) and within 100 m of the South cable route (ERM, 2018b). At Unst, one otter holt was found on a coastal sandy bank, approximately within 20 m of the South cable landfall location. Another two active holts were found on the stretch of coastline at Snarra Voe, the bay where the cable landfalls are located, however these were over 100 m from the landfall sites (ERM, 2018b). One otter holt was observed 100 m of the proposed North cable route at Unst on a coastal sandy bank (ERM, 2018a).

5.3.15. A map illustrating all protected sites in and around the Project area is provided in Figure 5.1.


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Figure 5.1 – Protected sites in and around the Project area


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5.4. Potential Impacts on Key Sensitive Receptors

5.4.1. Potential impacts on key sensitive receptors are summarised below. Management and mitigation measures for avoiding or minimising these potential impacts are discussed in Section 5.5.

MARINE MAMMALS

5.4.2. The main source of potential impact on cetaceans is underwater noise from cable lay and support vessels, cable burial and placement of rock filter bags / concrete mattresses on the seabed. There is potential for noise sensitive species (e.g. harbour porpoise) to be present in the Project area.

5.4.3. As with cetaceans, there is potential for seals (while at‐sea) to also be affected by underwater noise generated during cable installation. However, given that seals are less sensitive to underwater noise than certain cetacean species, potential impacts in terms of disturbance and habitat avoidance are likely to be limited.

5.4.4. Although impacts on seals at‐sea are limited, grey and harbour seals could be disturbed from their haul due to activities in adjacent waters. As noted above, the Yell landfall is located 24 km from the Yell Sound Coast SAC, where harbour seals are a qualifying feature. There are also a number of other designated seal haul out sites located in the vicinity of the Project area, the closest one being the Westling Seal haul‐out 2km north from the Project are. Hauled out seals are sensitive to disturbance (noise or physical presence of construction vehicles and equipment). Breeding seals are particularly sensitive to disturbance as this can lead to the abandonment of pups if the level of disturbance is too high. However, the vessels involved in the installation works will not require to move this far from the Project area and therefore no impacts are predicted. Measures for avoiding any disturbance to seals within these designated haul out sites are presented in Section 5.5..

BIRDS

5.4.5. Potential impacts on seabirds offshore (e.g. disturbance) are limited due to the localised, temporary and short term nature of the cable installation activities (30 days per cable), and the slow speeds of the cable lay and support vessels. Activities at the landfall are not expected to impact protected species in the Project area, particularly the red‐throated diver and the Artic tern, because the proposed works are planned to occur between October 2018 – March 2019, which is outwith the breeding season for these species (April – mid‐September for red‐throated diver, and May – August for Arctic tern).

FISH

5.4.6. Impacts on fish are limited. As noted above, the Project area is not considered a key spawning ground for herring or sandeel. Therefore, there are no impacts on either species due to a loss of spawning grounds. There is potential for localised disturbance of certain fish species that are sensitive to noise (e.g. cod and herring) associated with cable installation activities (vessel noise etc.). However, due to the highly localised, temporary and short term (one week) nature of these activities and the extent of alternative available habitat for these species (most of North Sea), potential impacts are highly unlikely.

5.4.7. With regards to potential impacts from electromagnetic fields (EMFs), based on data available from the cable manufacturer for the replacement cable between Yell and Unst, it is predicted that based on the specific cable design and if the cable were continuously operating at maximum load, the


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electromagnetic field at the external surface of the cable will be 770.0 µT, reducing to 6.8 µT at a distance of 0.5 m from the cable and 1.7 µT at a distance of 1 m from the cable. When these fields are compared to the earth’s natural magnetic field of 50 µT, any potential EMF impact will be restricted to the immediate area of the cable only and does not extend any distance from the cable. Also it is worth noting that in reality, during operation the cable will be loaded well below maximum limits and therefore the actual EMF field less than that predicted above. It is recognised that burial of a cable (either trenched or with protection such as concrete mattresses or rock placement) is the most effective way to reduce EMF impacts, but based on the character of the seabed along the proposed route, all of the cable will be surface laid. In terms of potential impacts on elasmobranchs or electro‐sensitive species that could be present in the immediate footprint of the cable, while there will be EMF emissions from the replacement cable, these emissions will replace those from the existing cable (once the existing cable is taken out of the service) and be limited to the immediate vicinity of the cable only. There will be a short period of time when both the replacement and existing cables could be operational, however even during this time, the spatially limited nature of the emissions that could potentially impact electro sensitive species indicate there are unlikely to be any significant impacts.

OTTERS

5.4.8. As noted above, there is potential for otters to be present within the Project are. Potential impacts on otters include loss of habitat and disturbance. Management and mitigation measures for avoiding these impacts are presented in Section 5.5 below. In the event that potential impacts on otters cannot be avoided, given that they are listed on Annex II of the Habitats Directive, any disturbance will require a European Protected Species (EPS) licence.


5.5.1. This section provides measures for avoiding and reducing potential impacts on species that may be present in the vicinity of the marine and cable landfall works, below MHWS.

EMPLOYER INTERNAL GUIDANCE DOCUMENTS

5.5.2. In recognition of the protected status of the above species, the Employer has developed a number of internal guidance documents and procedures in order to manage their operations, these include:

Otter Species Protection Plan (TG‐NET‐ENV‐503);

Bird Species Protection Plan (TG‐NET‐ENV‐505); and

A Project specific Marine Mammal Protection Plan (MMPP) (see Section 5.5.3).

MARINE MAMMALS – MARINE MAMMAL PROTECTION PLAN (MMPP)

5.5.3. The following measures have been identified to reduce collision risk and disturbance to marine mammals (cetaceans and seals) present in the area of the Project through the preparation of a Marine Mammal Protection Plan (MMPP). The potential for disturbance to marine mammals arises from the noise generated by the proposed cable decommissioning activities. The noise source level emitted by the vessels are expected to be similar to those emitted by traditional vessels, 160 – 175 dB re 1μPa (rms) from a small vessel (<50 m length) and 165 – 180 dB re 1μPa (rms) for a medium sized vessel (50‐100 m length). The USBL is expected to emit at 190 re 1μPa (rms), the multibeam echosounder at 190 to 240 dB re 1μPa (rms) and the side‐scan sonar at 200 to 230 dB re 1 μPa (rms).


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The MMPP incorporates the requirements of the European Protected Species Plan (EPS Plan) as identified by the EPS Risk Assessment:

Deployment of qualified and trained MMO(s)/PAM operator(s)1 on a vessel for the duration of the works to monitor for the presence of marine mammals (cetaceans and seals) prior to the commencement of, and during, the works:

o There will be MMO coverage for the duration of the cable decommissioning activities, with trained and experienced MMO(s) working standard 12 hour shifts. They will have experience of working at sea and will be trained and experience in the operation of PAM (acoustic) equipment;

o During daylight hours the MMOs will carry out visual observations to monitor for the presence of marine mammals prior to commencing activities and will recommend delays in the commencement of activities should any marine mammals be detected within the mitigation zone (see below); and

o When visibility is poor (i.e. due to fog or during hours of darkness) the PAM system will be operated by a single MMO/PAM operator prior to any cable marine operations commencing.

Mitigation zone – works only to commence once all marine mammals are clear of the mitigation zone. The following mitigation zones, relating to animals present in the water, will be implemented for the Project:

o 500 m for cetaceans;

o 100 m for seals; and

o Should any cetacean/seal be detected within the relevant zones listed above, activities will be delayed until their passage (or the transit of the vessel) results in the marine mammals no longer present in the mitigation zone. In both cases, there will be a 20 minute delay from the time of the last sighting within the mitigation zone to the commencement/recommencement of the activities.

Reporting:

o All marine mammal sightings, including seal sightings, will be documented by the MMO according to JNCC guidelines.

The Contractor will provide all Project personnel with marine mammal awareness and good practice training;

Posters and signs identifying risks and good practice will be provided;

Pictures of species of concern will be provided;

The vessels involved in the works are not expected to regularly exceed 10 knots, a speed threshold above which most lethal and serious injuries to marine mammals are thought to occur; and

The MMO will have the authority to postpone or stop works in conditions of low visibility where marine mammal collision risk is high and the full extent of the safety zone cannot be observed.

1 As daytime working only, only one MMO / PAM operater expected to be required.


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MARINE MAMMALS – SEAL HAUL OUT SITES

5.5.4. Although no impacts are expected the Employer will ensure the Contractor is aware of the Scottish Government advice and responsible behaviour around seals http://www.gov.scot/Resource/0045/00452869.pdf. Scottish Government advice on issues regarding seal haul outhaul‐outs states “New activities taking place near seal haul‐outs, which present no significant disturbance to the seals, or where the disturbance is low level (a few seals) and/or short term (over a short time period), will normally be acceptable. This may require some monitoring of the seals to avoid the risk of potentially causing a significant proportion of seals on a haul‐out site to leave that site either more than once or repeatedly or, in the worst cases, to abandon it permanently.”

BIRDS – MARINE

5.5.5. Due to the location of the Project area within the Bluemull Sound pSPA where there is a potential for 24 hour working, the following measures will be implemented to minimise potential impacts on qualifying features associated with this site:

Lighting on‐board the cable installation vessel will be kept to the minimum level required to ensure safe operations; and

Lights will be directed or shielded to prevent upward illumination and minimise disturbance on the protected features of the Bluemull Sound pSPA.

FISH

5.5.6. The following measures have been identified regarding elasmobranchs and migratory fish:

The selection of surface lay as the preferred installation method for the Yell‐Unst cables will minimise the generation of underwater noise by reducing the need for seabed disturbance and reducing duration of installation activities (installation of the subsea cables between Yell and Unst will take 30 days); and

EMF has been minimised through a three‐core design and double wire armouring of the cable.

OTTERS

5.5.7. In the event that potential impacts on otters at the cable landfalls cannot be avoided, given that they are listed on Annex II of the Habitats Directive, any disturbance will require a European Protected Species (EPS) licence.

5.5.8. As otters are known to be present and / or make use of the cable landfalls and the following details good practice measures in the event of discovery of otters or their resting sites/holts prior to and during landfall construction:

Preconstruction surveys will be undertaken at least two months prior to works commencing in order to allow time for any licence applications that may be required. These should be followed up with additional surveys immediately prior to works commencing if suitable habitat is identified at either of the landfalls;


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In the event of a discovery of an otter shelter, a protection zone with a minimum of a 30 m radius will be set up and will be clearly demarcated/fenced off;

Vegetation will not be cleared from within any protection zones;

Access to open water habitats, including freshwater sites on / adjacent to the coast, will be safeguarded at all times;

Impacts to established otter paths and customary routes between areas will be minimised;

Any lighting required will be directional and directed away from otter habitat; and

5.5.9. If breeding is suspected where construction work is already underway, on‐site activity will be suspended until it can be demonstrated that either (a) breeding is not occurring on site or (b) the cubs are sufficiently old (and therefore mobile) for alternative sites to be used elsewhere. If (a), work will be suspended for up to 8‐10 weeks in the area until cubs are mobile. If this is not possible, a much larger protection zone will be required of between 100 m and 200 m from the otter shelter. The exact size of this protection zone will be determined by the ECoW in consultation with SNH. Where there are imperative over‐riding reasons for continuing with the work and risking disturbance, a licence would be required to be sought from SNH.

BIRDS – ONSHORE

5.5.10. The following measures have been identified to ensure the protection of birds at the cable landfalls:

The proposed works are planned to occur between October 2018 and March 2019, therefore if vegetation clearance is required at the cable landfalls, it will avoid the breeding bird season for the red‐throated diver (March – mid‐September) which is proposed for protection under the Bluemull Sound pSPA;

In open areas suitable for ground nesting birds, mitigation measures including placement of Hawkeye bird scarers, ticker tape or scarecrows (e.g. from old Personal Protective Equipment; PPE) and strimming may be used to discourage birds nesting (providing no Schedule 1 or 1A species are present); and

Although the proposed works are planned to occur outwith the main breeding season for birds (March to September inclusive), should any birds be found breeding during construction, a protection zone will be erected around the nesting site and left until the young have fledged. It is an offence to remove or restrict access to any bird’s nest while it is being built or in use. If a bird nest is to be removed then it must be shown to be disused.

LANDFALLS ‐ GENERAL

5.5.11. Preconstruction surveys at the cable landfalls (as appropriate) will be undertaken to confirm if any of these species are present prior to the commencement of works.

5.5.12. In order to prevent impacts on protected species:

The Ecological Clerk of Works (ECoW) (appointed by the Contractor) will conduct daily checks of the Project landfalls during construction of the onshore project elements, which will include inspection for the presence of otters and breeding birds;

Personnel will be made aware of good practice measures for relevant species through toolbox talks;


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Where pipes or ducts are being used these will be capped to prevent mammals from accessing and becoming trapped;

Any excavations left open overnight will be covered or provisioned with mammal ramps to prevent mammals, from falling in and becoming trapped; and

Works will take place within a clearly demarcated works area with barriers such as Heras fencing used as appropriate.


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6. Environmental Management and Mitigation of Effects on Other Marine Users

6.1. Introduction

6.1.1. In recognition of the importance of the management of the Project with regards to other users of the sea, a separate (Fishing) Liaison Mitigation Action Plan has been produced alongside this CEMP and provides further details on the key sensitive receptors in the Project area and identifies a series of management and mitigation measures that are required to ensure potential impacts on these receptors are avoided and / or minimised.

6.1.2. For completeness of the CEMP, this section describes the regulatory and policy framework under which the Employer is required to ensure minimise disruption to, and safeguard access to, other marine users, including fisheries and activities in the Project area and a summary of the key sensitive receptors, potential impacts and management and mitigation measures.


6.2.1. The Scottish Government adopted the National Marine Plan (NMP) in 2015 to provide an overarching framework for marine activity in Scottish waters. The plan is underpinned by a set of policies which apply across existing and future development and use of the marine environment. Under Fisheries Planning Policies, Policy 3 states ‘where existing fishing opportunities or activity cannot be safeguarded, a Fisheries Management and Mitigation Strategy (FMMS) should be prepared by the proposer of development’.

6.2.2. The NMP also sets out a number of key objectives and policies relating to subsea cables (further information in Appendix A including:

Protect submarine cables whilst achieving successful seabed user co‐existence;

Achieve the highest possible quality and safety standards and reduce risks to all seabed users and the marine environment; and

Support the generation, distribution and optimisation of electricity from traditional and renewable sources to Scotland, UK and beyond.

6.2.3. The Shetland Islands Marine Spatial Plan (SIMSP) provides an overarching policy framework to guide marine development and activity. The SIMSP is based on Scottish Ministers’ commitment to making marine management more efficient, inclusive and accessible. Areas of constraint and/or opportunities for development have been identified in order to reduce potential conflicts between marine activities and encourage co‐existence between multiple users. The SIMSP aims at providing an approach to the management of the sea around Shetland; facilitating an integrated and better informed decision‐making process regarding the future distribution of activities and resources; and enabling the long‐term protection and use of the marine environment. The SIMSP has been prepared to align closely with the Scottish National Marine Plan, National Planning Framework 3 and Scottish Planning Policy. This is reflected in the plans guiding principles, aims and objectives all of which underpin the overarching vision to ensure that the Shetland waters is a clean, healthy, safe, attractive and productive marine and coastal environment that is rich in biodiversity and managed sustainable to support thriving and resilient local communities


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6.2.4. The SIMSP also includes a number of general planning policies (section 4) and a number of sectoral policies which are specifically relevant to particular types of development or activity. See Appenix C for further detail on relevant policies in the SIMSP.


6.3.1. Based on the information that has been collected and assessed in support of the FLMAP, the following marine users have been identified as being present / using the marine environment in the vicinity of the marine cable route corridor and cable landfall works:

Low vessel traffic is observed crossing the Yell to Unst cable route. The majority of this activity is likely to be from commercial shipping vessels and tankers transiting to and from Sullom Voe terminal. There are also ferry transits (Toft‐Ulsta) are located in the vicinity Project area (0.5 nm).

Fishing activity occurs in the vicinity of the cable, with the highest effort in the area attributed to mid water otter trawls. MMO VMS data for all fishing methods shows slightly elevated activity by effort and value in the immidate vicinity of the Yell to Unst cable route. Nonetheless, these values are moderate compared to overall effort and value of fishing activity in Shetland waters.

Surveys suggest chartered angling boast extend towards the inshore regions around the cable route.

Canoeing/kayaking has possible enchroachment to the west of the cable route, motor crusing has low‐intermediate level of activity across the length of the cable route and sailing activity is observed at low levels in the vicinity of the cable route.

Scuba diving has a possible interaction as there is a dive site to the west of the cable route. However, the spatial extent of the site is unclear so there is a possibility for an interaction.

There are wrecks in relatively close proximity to the Project area but they do not overlap with the cable route.

There is an aquaculture site in the vincity of the Project area and areas surrounding the cable route is a shellfish protected area.

There is a fully operational Tidal array system deployed in bluemell sound in Shetland, Two turbines have been installed to date.

6.4. Potential Impacts on Other Marine Users

6.4.1. Potential impacts on other marine users are summarised below, with further details provided in the FLMAP. Management and mitigation measures for avoiding or minimising these potential impacts are discussed in Section 5.5.

COMMERCIAL FISHERIES

6.4.2. During installation of the cable there is potential for temporary exclusion of fisheries from within the Project area. In accordance with navigational safety requirements, a 500 m safety zone will be implemented around the cable lay vessel and associated guard vessel for the duration of the installation works. Fishing will not be permitted within this safety zone. However, given that the


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cable installation works are only expected to take one week to complete, the potential impact of this temporary exclusion on local fisheries will be negligible.

6.4.3. Once installed, the presence of cables on the seabed presents a potential obstruction, and safety risk, to fisheries, in particular demersal trawls and dredges which catch fish by dragging nets / gear along the seabed. Where nets / gear get caught or snagged on seabed infrastructure such as cables this can cause damage to the nets and presents a potential safety risk to vessels. Consequently, the presence of the cable can lead to the long term exclusion of fisheries from the Project area. However, given the primary fishery in the Project area is creeling for crab and lobster, long term exclusion from fishing grounds along the cable is very unlikely as fishermen will still be able to safely lay and retrieve pots in the area where the cable is present. The fact fishing as not been excluded from along the route of the existing cable is evidence of this.

SHIPPING AND NAVIGATION

6.4.4. The main risk to shipping and navigation is increased risk of collision between the cable lay and any support vessels and other vessels transiting the area. As noted above, in accordance with navigational safety requirements a 500 m safety zone will be implemented around the cable lay and any support vessels for the duration of the cable installation activities. A number of other measures such as, Notices to Mariners, will also be implemented (detailed below) to advise other mariners and sea users in the area of the presence of the cable lay vessel and the nature of the works being undertaken. Given that cable installation activities are expected to be completed within one week, the risk of collision between the cable lay vessel and other vessels is considered to be very low.

OTHER SEA USERS

6.4.5. There is a fully operational Tidal array system deployed in bluemell sound, the Crown Estate lease area extends beyond the current site. The current and proposed spatial distribution of the Shetland Tidal Array site overlaps with the Yell‐Unst cable routes. Furthermore, and area identified for tidal development has been indentified in the Yell Sound, this overlaps only with the south cable route. However, it is unlikely that the proposed cable installation activities would have a significant impact on development proposals within the Project area.

6.4.6. Potential impacts on other sea users are limited to temporary disruption to activities during cable installation due to the presence of the cable lay vessel and associated 500 m safety zone. Once cable installation activities are complete (expected one week) it is expected that activities such a recreational sailing and other water sports will be able to recommence and will be unaffected by the presence of the cable. Impacts on any sand and gravel extraction will also be limited due to the small scale of the cable infrastructure in relation to the available sand and gravel resource.


6.5.1. This section provides measures for avoiding and reducing potential impacts on fisheries and other sea users that may be present in the vicinity of the marine and cable landfall works, below MHWS.

COMMERICAL FISHERIES AND OTHER SEA USERS

6.5.2. As discussed in Section 3, in accordance with requirements of the Marine Licence, the Employer has prepared a FLMAP for the Project.

Commented [RP1]: SHEPD can you please confirm this?


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6.5.3. The FLMAP sets out the primary responsibilities of the Commercial Fisheries Liaison Officer (CFLO) and the Fisheries Industry Representative (FIR). This includes ensuring effective communications with all legitimate sea users.

6.5.4. Information will be provided through notice(s) to mariners and/or radio navigational warnings and publication in appropriate bulletins, prior to the commencement of cable laying operations. Notifications will state the nature and timescale of any works carried out in the marine environment relating to the cable installation operations. In particular the Kingfisher Fortnightly Bulletin will be used to inform the Sea Fish Industry of the vessel routes, timings and locations of each cable laying operation along the licensed route (see the FLMAP for further details).

6.5.5. The Employer will be responsible for ensuring that the location of the cable is charted by the United Kingdom Hydrographic Office (UKHO) and that surveys are undertaken post installation to assess whether the cable is safe to trawl over.

NAVIGATION

6.5.6. The potential for vessel collisions during works is managed through the following key processes:

Notification of works;

Implementation of a safety zone around the area of works;

Use of guard vessels;

Engagement with all legitimate sea users;

Implementation of a code of good practice for all vessels;

Establishment of cooperation agreements between the Employer and commercial fisheries and other legitimate sea users; and

Presence of a FIR during installation.

6.5.7. Further details are available in the FLMAP.

6.5.8. Other measures regarding navigation include:

If any proposed cable protection reduces the water depth by greater than 5% this will be agreed with the MCA prior to installation;

In periods of poor visibility, restrictions such as a temporary cessation of works may be considered to reduce the risk of collisions;

Vessels will have passage planning procedures, holding positions (e.g. if waiting on weather), traffic monitoring (radar, visual and Automatic Identification System; AIS), means of communications with third party vessels and emergency response in the event of a vessel approaching on a collision course; and

The as‐laid coordinates of the cable will be issued to the UKHO and KIS‐ORCA charts. This will ensure that mariners are aware of the location of the cable.

SUBSEA INFRASTRUCTURE

6.5.9. In order to avoid damage to pre‐existing subsea infrastructure, a detailed pre construction geophysical survey will be undertaken which will identify all pre existing infrastructure in the vicinity

Commented [RP2]: SHEPD – do we need to acknowledge the renewables site lay down area that was discussed at the kick-off meeting on 19/04/18?


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of the works and will be used to inform project design and vessel mooring patterns (where appropriate).

6.5.10. The only existing subsea assets in the vicinity of the works, are existing submarine electricity cables owned by the Employer this cable will be crossed following industry best practice.

Commented [RP3]: NMPi only show one cable, SIMSP show three. SHEPD to confirm if there a consensus on how many there are between Yell and Unst? And that the Employer is the owner of them.


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7. Environmental Management and Mitigation of Effects on Marine Archaeology

7.1. Introduction

7.1.1. No features of archaeological interest were identified along the cable route corridor. An additional survey is to be undertaken during May‐June in 2018 (as advised by SNH) which will be reviewed for features of archaeological interest. Thus, there is still potential for the Project to uncover previously unknown features. Therefore archaeological management and mitigation measures have been considered.

7.1.2. This section also describes the regulatory and policy framework under which the Employer is required to protect archaeological assets in the Project area.


7.2.1. Legislation, policy and guidance relevant to the protection of the marine historic and archaeological environment is summarised below.

INTERNATIONAL/ EU LEGISLATION AND POLICY

The United Nations Convention of the Law of the Sea (UNCLOS);

Annex to the UNESCO Convention on the Protection of the Underwater Cultural Heritage 2001; and

The European Convention on the Protection of the Archaeological Heritage (revised), known as the Valletta Convention.

UK LEGISLATION AND POLICY

The Merchant Shipping Act 1995;

The Protection of Wrecks Act 1973 (Section 1 of the Protection of Wrecks Act was repealed in Scotland on the 1st November 2013 and the 8 wrecks around the coast of Scotland designated under this section of the Act are now protected by Historic Marine Protected Areas (HMPAs) as defined in the Marine (Scotland) Act 2010);

The Protection of Military Remains Act 1986 has the principal concern to protect the sanctity of vessels and aircraft that are military maritime graves. Any aircraft lost while in military service is automatically protected under this Act; and

The UK Marine Policy Statement (2011) states heritage assets should be conserved through marine planning in a manner appropriate and proportionate to their significance. Many heritage assets with archaeological interest are not currently designated as scheduled monuments or protected wreck sites but are demonstrably of equivalent significance.


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SCOTTISH LEGISLATION AND POLICY

The Marine (Scotland) Act 2010. This requires licensing activities in the marine environment to consider potential impacts on the marine environment including features of archaeological or historic interest and defines marine historic assets (Section 73);

The Historic Environment Scotland Policy Statement 2016;

Scottish Planning Policy (SPP) 2014;

The Scottish Government’s Planning Advice Note (PAN 2/2011) Planning and Archaeology 2011; and

The Scottish Government’s Planning Scotland’s Seas: Scotland’s National Marine Plan (March 2015).

LOCAL PLANNING POLICY

The Shetland Islands Marine Spatial Plan 2015 (SIMSP) includes policies which aim to preserve and protect marine archaeological and historical features. They are as follows;

o Policy MSP HIS1: Historic Marine Protected Areas;

o Policy MSP HIS2: Safeguarding Nationally Important Heritage Assets; and

o Policy MSP HIS3: Safeguarding Locally Important Heritage Assets

CODES OF PRACTICE, PROFESSIONAL GUIDANCE AND STANDARDS DOCUMENTS

The Chartered Institute for Archaeologists (CIfA) Codes, Standards and Guidance (various) http://www.archaeologists.net/codes/cifa;

The Crown Estate. (2010.) Model clauses for Archaeological Written Schemes of Investigation: Offshore Renewables Projects. Wessex Archaeology Ltd (Ref 73340.05) for The Crown Estate;

English Heritage. (2012). Ships and Boats: Prehistory to Present. Designation Selection Guide. Swindon: English Heritage;

Gribble, J. & Leather, S. for EMU Ltd. (2011). Offshore Geotechnical Investigations and Historic Environment Analysis: Guidance for the Renewable Energy Sector. Commissioned by COWRIE Ltd (project reference GEOARCH‐09);

The Joint Nautical Archaeology Policy Committee and Crown Estate. (2006). Maritime Cultural Heritage & Seabed Development: JNAPC Code of Practice for Seabed Development. York: CBA;

Plets, R., Dix, J., & Bates, R. (2013). Marine Geophysics Data Acquisition, Processing and Interpretation: Guidance Notes. Swindon: English Heritage Publishing;

Wessex Archaeology. (2014). Protocols for Archaeological Discoveries (PAD) http://www.wessexarch.co.uk/protocols‐archaeological‐discoveries‐pad . Salisbury: Wessex Archaeology;

Wessex Archaeology. (2006). On the Importance of Shipwrecks: Final Report Volume 1. Salisbury: Wessex Archaeology;

Wessex Archaeology. (2011a). Assessing Boats and Ships 1860‐1913 Archaeological Desk‐Based Assessment. Salisbury: Wessex Archaeology; and


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Wessex Archaeology. (2011b). Assessing Boats and Ships 1914‐1938 Archaeological Desk‐Based Assessment. Salisbury: Wessex Archaeology.

7.3. Overview of key features of archaeological importance in the Project area and potential impacts

7.3.1. There are no known features of archeological importance e.g. ship wrecks or aircraft wrecks located in the Project area. Therefore there will be no impacts on these features.

7.3.2. Within any location there is always the potential for the presence of unknown features of archaeological importance. However, based on the results from the marine survey and the highly dynamic nature of the marine environment along the route of the replacement cable, the potential for unknown remains to be present in the Project area is low. The potential for any impacts on unknown archaeological remains is therefore also considered to be low to negligible. A survey is to be undertaken during May‐June in 2018 (as advised by SNH) which will be reviewed for features of archaeological interest.


7.4.1. Although potential impacts on both known and unknown archaeological remains are considered to be negligible to nonexistent, there is still a requirement to identify specific measures that can be put in place to safeguard against any potential impacts on archaeological remains (known or unknown) in the area.

Mitigation by design:

o The potential for significant impacts on marine cultural heritage has been reduced to negligible‐low during the development and design of the Project by conducting a desk based assessment, geophysical and Drop Down Video (DDV) surveys to identify any marine historic environment assets;

o A pre installation survey will be conducted to inform final cable routing and vessel anchoring areas which will seek to avoid any anthropogenic seabed features; and

o Rock filter bags or concrete mattresses will be used to hold the cable in position. This will significantly reduce any cable movement and potential scour or disturbance of unknown archaeological remains over the lifetime of the Project.

Mitigation during installation:

o The Employer Supervisor for Offshore Works will be the initial point of contact regarding archaeological interests; and

o Potential impacts on unknown heritage will be managed through implementation of a reporting protocol for the discovery of previously unknown marine cultural material during development e.g. the reporting protocol produced by Wessex Archaeology (2014) for the Crown Estate (http://www.wessexarch.co.uk/protocols‐archaeological‐discoveries‐pad).

Mitigation during operation:

o The reporting protocol will be kept in place in case anything of interest is observed during inspection surveys. If any cultural heritage sites are reported during inspection surveys, it is recommended that they are investigated by a qualified marine archaeologist to determine their cultural heritage importance.


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8. Invasive Non Native Marine Species (INNMS)

8.1. Introduction

8.1.1. It is common practice for offshore construction projects around the UK to manage the risk of introduction of non‐native marine species. As such all vessels involved in works will be required to meet relevant legislative requirements and best standard practices with regards to ballasting activities (if any ballasting is required) and vessel biofouling management.


8.2.1. To prevent the risk of spread of non‐native species through discharging of ballast water, all works will be carried out in accordance with The International Convention for the Control and Management of Ships' Ballast Water and Sediments (BWM), adopted 2004 and entered into force on 8th September 2017.

8.2.2. The BWM Convention requires all ships to conduct ballast water exchange (BWE) to a set standard (“D‐1’) or to meet a ballast water performance standard (‘D2’) (dependent on build date and ballast water capacity2).

Standard D‐1 requires that all ships undertaking BWE should, whenever possible, conduct BWE at least 200 nautical miles (nm) from the nearest land and in water at least 200 m in depth. If neither of these scenarios is possible then a vessel may exchange in an area designated by the port state.

Standard D‐2 requires that new or retrofitted ballast water treatment systems be employed in order to minimise numbers of viable organisms remaining within the ballast tank before discharge. These treatment systems significantly reduce the likelihood of non‐native species being introduced by inefficient exchange practices or in the event of an untreated near shore discharge.

8.2.3. The International Maritime Organisation (IMO) also aims to control and manage ships' biofouling through the implementation of the Guidelines for the control and management of ships' biofouling to minimize the transfer of invasive aquatic species (Biofouling Guidelines IMO 2011) (resolution MEPC. 207 (62)). The Biofouling Guidelines are not ratified by member states, and there is currently no requirement for hull cleaning for vessel movement between ports in the EU, however the guidelines are intended to provide a globally consistent approach to the management of biofouling. The Biofouling Guidelines state that a ship should implement biofouling management practices, including the use of anti‐fouling systems and other operational management practices to reduce the

2 Ships constructed before 2009 with a ballast capacity of between 1,500 and 5,000 m3 must at least meet the ballast water performance

standard, and ships with a capacity <1,500 or > 5,000 m3 must meet the BWE standards or the performance standards until 2016, after which time it shall at least meet the performance standard. Ships constructed in or after 2009 (capacity of < 5,000 m3) must meet the performance standard. Ships constructed between 2009 and 2012, capacity of 5,000 m3 or more shall meet D‐1 or D‐2 until 2016 and at least the performance standard after 2016. Ships constructed in or after 2012 (capacity of 5,000 m3 or more) shall meet the ballast water performance standard.


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development of biofouling. The intent of such practices is to keep the ship's submerged surfaces, and internal seawater cooling systems as free of biofouling as practical.

8.2.4. In addition, in 2014 SNH commissioned the production of guidance for producing site and operation based plans for preventing the introduction of non‐native species (Payne et al., 20143).

8.2.5. Although not directly applicable to the introduction of non‐native marine species, related legislation is the Merchant Shipping (Anti‐fouling systems) Regulations 2009 which prohibit the use of harmful organotin compounds in antifouling paints used on ships. Vessels of 400 GRT and above, and every ship which is certified to carry 15 or more persons should have an International Anti‐fouling System Certificate to ensure the antifouling paint complies with the regulations.


8.3.1. In adopting management measures to prevent the introduction of INNMS, The Employer will:

Ballast water management:

o Ensure all vessels contracted to undertake works will be contractually obliged to adhere to relevant BWM measures as outlined above, where relevant and be surveyed and issued with an International Ballast Water Management Certificate.

o Ballast Water Management Plans (BWMP) will be provided by contracted vessels in accordance with Regulation B‐1 of the Convention, alongside Ballast Water Record Books as described by BWM Regulation B‐2.

Biofouling / Antifouling:

o The Employer will request that all vessels consider the requirements of Resolution MEPC.207(62) Guidelines for the Control and Management of Ships Biofouling to Minimise the Transfer of Invasive Aquatic Species, including for example the implementation of a biofouling management plan, and records of biofouling management practices kept in a biofouling record book.

o Ensure all vessels (as appropriate) have an International Anti‐fouling System Certificate.

o All vessels will be required to undertake pre use and post use checks, including the presence for marine growth. All equipment (ploughs, ROVs etc.) will be required to be free from marine growth prior to mobilisation.

9. Waste Management

3 Payne, R.D., Cook, E.J. and Macleod, A. (2014). Marine Biosecurity Planning – Guidance for producing site and operation‐based plans

for preventing the introduction of non‐native species. Report by SRSL Ltd. in conjunction with Robin Payne to the Firth of Clyde Forum and Scottish Natural Heritage 39 pp. Further background information on this guidance document can be found in the report entitled “Cook, E.J., Payne, R.D. and Macleod, A. (2014). Marine Biosecurity Planning – Identification of best practice: A Literature Review. Report by SRSL Ltd. in conjunction with Robin Payne to the Firth of Clyde Forum and Scottish Natural Heritage Commissioned Report No. 748 ‐ 45 pp.


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9.1. Introduction

9.1.1. The principal wastes generated from the works will include packaging, general waste and waste water. Hazardous wastes are possible in the form of used oils and chemicals.

9.1.2. Under the Duty of Care as a waste producer, the failure to manage wastes generated from the Project, such as failure to segregate recyclates, also results in a breach of waste management legislation in addition to potential environmental impact.

9.1.3. There are legislative requiremetns (see below) that stipulate specific requirements with regards to waste management for every ship (certified to carry 15 persons or more), and vessel (of 400 GRT and above). Not all vessels involved in the proposed works will be over 400 GRT. Vessels under 400 GRT, are not subject to the legislative requirements around ship waste. However these vessls will be operated by a responsible compentant contractor.


9.2.1. In terms of waste generated offshore, the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78) Annex IV (sewage) and Annex V (garbage) is the main legislative driver. Under the Convention, the North Sea is designated as a Special Area where the disposal of any waste (except food waste) offshore is prohibited. The Convention is transposed into UK legislation by the Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008, which places a number of obligations on vessels in terms of managing waste.

9.2.2. The key driver for waste management legislation in the UK, when onshore disposal is required, is the Waste Framework Directive (WFD). The Directive is transposed into Scottish legislation by the Waste (Scotland) Regulations 2012; Waste Management Licensing (Scotland) Regulations 2011 and the Environmental Protection (Duty of Care) (Scotland) Regulations 2014. These regulations require all businesses and organisations that produce waste to take all reasonable measures to prevent waste, and to apply the waste hierarchy when managing waste.

9.2.3. A key requirement is that the waste producer is responsible for ensuring that their waste is collected by an appropriately licensed waste carrier and managed at a suitably licensed facility. Section 34 of the Environmental Protection Act 1990 (as amended) sets out a number of duties with respect to the management of waste. The Waste (Scotland) Regulations 2012 amended Section 34 to implement a number of actions in the Scottish Government’s Zero Waste Plan (2010). The Duty of Care: A Code of Practice (Scottish Government, 2012) explains these duties which apply to anyone who produces, keeps, imports or manages controlled waste in Scotland.

9.2.4. In accordance with MARPOL (73/78) Annex V (as amended) every ship (certified to carry 15 persons or more), and vessel (of 400 gross tonnage and above) involved in the Project will have a Garbage Management Plan. The plan will include procedures for the collection, storage, processing and disposal of all waste, and will designate an individual responsible for implementing the plan. Waste types and volumes generated by the works will be recorded in a garbage record book. Once the waste is brought onshore it will be managed in accordance with the duty of care legislation (Section 9.1.2). Information from the garbage record book will be used to complete the relevant Waste Transfer Notes.

9.2.5. The Special Waste (Scotland) Regulations 1996 set out the requirements for the preparation of Special Waste Consignment Notes for the handling and carriage of special waste (including


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hazardous waste) as defined within the regulations. The regulations provide the requirements for the removal of ships’ waste to reception facilities and also the avoidance of mixing waste streams.


GENERAL

The only materials to be deposited to the seabed will be those detailed in the Marine Licence.

All vessels engaged in the works will be equipped with waste storage facilities according to IMO International Convention for the Prevention of Pollution from Ships (MARPOL) standard vessels certified to carry 15 persons or more or of 400 GRT and above will have the following in place:

o Waste management plan; and

o Garbage record book.

No waste will be disposed of over the side of the vessel and all produced waste will be stored on board.

All waste products and rubbish will be removed from the vessel and disposed of by a registered waste disposal company.

Any debris or waste materials arising during the course of the works will be removed from the vessel and disposed of by a registered waste disposal company.

WASTE REDUCTION

9.3.1. The waste hierarchy of Prevention, Re‐use, Recycle and Disposal will be adopted on the Project. The following measures will align the Project waste management with the hierarchy and reduce the amount of waste produced during construction:

The appropriate volume of materials will be ordered;

Excess materials will be returned to the supplier if possible;

Re‐usable materials will be identified on site and removed for storage and re‐sale;

Recyclable materials will be removed from site for processing in licenced facilities;

There will be clearly located and defined storage areas for materials; and

General information on waste will be provided in site inductions and toolbox talks with feedback welcomed.

STORAGE OF WASTE

9.3.2. The following methods have been identified in relation to storage of waste:

Storage will be provided at suitable points for all waste streams including hazardous waste, liquid wastes and discarded smoking materials;

Waste will be segregated as far as practically possible;


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Waste will be stored in secure covered containers which will be clearly labelled with the waste they hold e.g. wood, metal, plastics etc.;

Liquid wastes will be stored in appropriately (portable or permanent) bunded facilities that hold the capacity of the container;

Any hazardous waste will be stored in separate containers (further details on hazardous waste are provided below);

Any odorous wastes will be temporarily stored in suitable containers and where possible, at a distance from any nearby sensitive receptors;

All places of work will be kept clean and tidy. Waste will not be allowed to accumulate. All surplus material and waste is to be removed in a timely manner;

Storage areas / containers will be monitored and action taken if waste is piled too high; and

Burning of waste is prohibited.

HAZARDOUS (SPECIAL) WASTE

9.3.3. “Hazardous waste” –any waste which contains properties that might make it harmful to human health or the environment. In Scotland, hazardous waste is referred to as Special waste.

9.3.4. Special waste could arise from the following sources:

Maintenance of plant and machinery;

Oily water waste;

Oil filters;

Oily rags;

Oil absorbent pads etc.;

Contaminated Marine Gas Oil (MGO);

Hydraulic oil; and

Environmental spill recovery (small amounts only; larger volumes taken away directly for disposal).

9.3.5. All special waste will be segregated by type and from other waste streams.

9.3.6. All special waste oil will be stored in a bunded facility until such times that it is collected.

9.3.7. Used filters, rags and absorbents will be stowed in the special waste container in drums or waste oil bags.

TRANSPORTING WASTE

9.3.8. There is a duty of care on the waste producer to make sure that waste is appropriately disposed of. The following measures have been identified to comply with the duty of care:

All waste leaving the Project will be accompanied by a Waste Transfer Note (WTN) for non‐hazardous waste or a Special Waste Consignment Note (SWCN) for hazardous waste. A copy of which will be retained for 2 (WTN) or 3 years (SWCN); and


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Waste contractors will be checked ahead of the works to ensure they have valid licences.


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10. Pollution Prevention, Spill Response and Contingency Planning

10.1. Introduction

10.1.1. Potential sources of offshore pollution associated with the vessels and assocaited works are as follows:

Oil;

Noxious liquid substances4;

Harmful substances carried by sea in packaged form;

Sewage;

Waste from ships;

Air pollution from ships ; and

Invasive non‐native species.

10.1.2. Specific practices relevant to the management of waste (including sewage) and invasive non‐native species are considered in previous sections of this CEMP, and therefore this section of the CEMP focuses on wider pollution prevention and spill response and contingency planning.

10.1.3. Reporting procedures (for any incident including a spill) are covered in section 12.4.


VESSELS ‐ THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS (MARPOL)

10.2.1. The International Convention for the Prevention of Pollution from Ships (MARPOL) is the main international convention covering prevention of pollution of the marine environment by ships from operational or accidental causes. All work will be carried out in accordance with these regulations. The Convention includes regulations aimed at preventing and minimising pollution from ships and currently includes six technical Annexes:

Annex I Regulations for the Prevention of Pollution by Oil (entered into force 2 October 1983) ‐ Covers prevention of pollution by oil from operational measures as well as from accidental discharges and requires all ships of 400 GRT5 and above to have an approved Shipboard Oil Pollution Emergency Plan (SOPEP) on board.

Annex II Regulations for the Control of Pollution by Noxious Liquid Substances in Bulk (entered into force 2 October 1983) ‐ Details the discharge criteria and measures for the control of pollution by noxious liquid substances carried in bulk; some 250 substances were evaluated and included in the list appended to the Convention; the discharge of their residues

4 Although no such substances are expected from the proposed works reference to noxious substances has been included for

completeness. 5 And all oil tankers of 150 GRT and above. Regulation 17 of MARPOL Annex II makes similar stipulations that all ships 150 GRT and

above carrying noxious liquid substances in bulk carry an approved SOPEP for noxious liquid substances.


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is allowed only to reception facilities until certain concentrations and conditions (which vary with the category of substances) are complied with. In any case, no discharge of residues containing noxious substances is permitted within 12 nautical miles of the nearest land.

Annex III Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form (entered into force 1 July 1992) ‐ Contains general requirements for the issuing of detailed standards on packing, marking, labelling, documentation, stowage, quantity limitations, exceptions and notifications. For the purpose of this Annex, “harmful substances” are those substances which are identified as marine pollutants in the International Maritime Dangerous Goods Code (IMDG Code) or which meet the criteria in the Appendix of Annex III.

Annex IV Prevention of Pollution by Sewage from Ships (entered into force 27 September 2003) ‐ Contains requirements to control pollution of the sea by sewage; the discharge of sewage into the sea is prohibited, except when the ship has in operation an approved sewage treatment plant or when the ship is discharging comminuted and disinfected sewage using an approved system at a distance of more than three nautical miles from the nearest land; sewage which is not comminuted or disinfected has to be discharged at a distance of more than 12 nautical miles from the nearest land.

Annex V Prevention of Pollution by Garbage from Ships (entered into force 31 December 1988) ‐ Deals with the different types of garbage and specifies the distances from land and the manner in which they may be disposed of. The Annex designates Special Areas (including the North Sea) where the disposal of any garbage is prohibited except food wastes. The dumping of plastics at sea is also prohibited by this Annex.

Annex VI Prevention of Air Pollution from Ships (entered into force 19 May 2005) ‐ Sets limits on sulphur oxide and nitrogen oxide emissions from ship exhausts and prohibits deliberate emissions of ozone depleting substances; designated emission control areas set more stringent standards for SOx, NOx and particulate matter. A chapter adopted in 2011 covers mandatory technical and operational energy efficiency measures aimed at reducing greenhouse gas emissions from ships.

CABLE LANDFALL INSTALLTION

10.2.2. As the Project boundary ends at MHWS, in addition to the vessel related legislation detailed above the following legislation is also relevant to the works, in particular in relation to cable landfall works:

The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (CAR);

The Water Environment and Water Services (WEWS) (Scotland) Act 2003; and

The Pollution Prevention and Control (Scotland) Regulations 2012 (PPC 2012).

10.2.3. The Water Framework Directive (WFD) came into force in December 2003 and is implemented in Scotland through the Water Environment and Water Services (Scotland) Act 2003. This provides Ministers with the powers to make regulations to control activities which could affect the water environment. The Scottish Environment Protection Agency’s (SEPA’s) powers under CAR are defined as for the purpose of ‘protecting the water environment’ and include authorising activities including abstractions, impoundments, building and engineering works, and activities liable to cause Pollution. Activities likely to cause pollution to the water environment require authorisation under CAR. A key objective of this Directive is the achievement of ‘good ecological status’ (as a minimum) of all natural waterbodies.


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10.2.4. In addition to these regulations, there are a number of guidance documents and best practice guidelines related to prevention of pollution in the water environment, including:

The recently updated UK guidance for pollution prevention (GPP) available at: http://www.netregs.org.uk/environmental‐topics/pollution‐prevention‐guidelines‐ppgs‐and‐replacement‐series/guidance‐for‐pollution‐prevention‐gpps‐full‐list/. Including GPP5 Works or Maintenance in or Near Water.

Land Use Planning System SEPA Guidance Note 17. Marine development and marine aquaculture planning guidance;

CIRIA (Construction Industry Research and Information Association) Report C532, Control of water, pollution from construction sites: Guidance for consultants and contractors; and

CIRIA Report C584D, Coastal and marine environmental site guide (C584D).


10.3.1. The Contractor will be responsible for ensuring all measures set out within the Annex’s detailed above are adhered to and appropriate management plans relating to each of the items above are produced and adhered to throughout the works.

10.3.2. There are legislative requirements (Section 9.3) that stipulate specific requirements with regards to every ship (certified to carry 15 persons or more), and vessel (of 400 GRT and above). Not all vessels involved in the proposed works will be over 400 GRT. Vessels under 400 GRT, are not subject to the legislative requirements around ship waste. However these vessls will be operated by a responsible compentant contractor.

POLLUTION PREVENTION MEASURES OFFSHORE

10.3.3. Emissions shall be reduced by ensuring efficient operation and maintenance of all equipment wherever possible. Specific energy and fuel efficiency projects should be introduced to reduce air emissions. Natural resources such as fossil fuels shall be used as efficiently as possible. Targets should be set to continually reduce CO2 emissions generated from all equipment.

EMERGENCY SPILL RESPONSE

10.3.4. All vessels 450 GRT and above require an approved SOPEP i.e. procedures and descriptions of actions to be taken in the event of an oil pollution incident. The SOPEP shall contain all information and operational instructions as required by the “Guidelines for the development of the Shipboard Oil Pollution Emergency Plan” as developed by the Organization (IMO). The appendices contain names, telephone, telex numbers, etc., of all contacts referenced in the SOPEP, as well as other reference material.

10.3.5. The following measures have been identified regarding emergency spills:

Work will stop immediately and the source of the spill will be addressed where possible;

Follow vessel SOPEP procedure and emergency spill response;

Isolate the source of the spill / leak if safe to do so;

Sources of ignition will be eliminated – in case of spilled substance being flammable;


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The spill will be contained as far as practicable using appropriate spill equipment;

All spills will be reported to the appropriate authorities where applicable;

The Project Team will be provided with emergency spill response training;

Spill kits will be made available at fuel storage and refuelling locations and in individual plant vehicles and vessels; and

Spill kits will be replaced after use.

10.3.6. The collected contaminant from a spill will be treated as hazardous (Special) waste and will be disposed of appropriately.

MONITORING AND RECORD KEEPING

10.3.7. The COSHH record for any chemicals stored on the Project will be kept and updated by the Contractor along with the data sheet for any COSHH Material, chemical or substance. Operating instructions have to be prepared (under the use of current Material Safety Data Sheets (MSDS)). For all used hazardous substances a register has to be maintained.

10.3.8. Records will be kept of all visual fuel and oil checks of plant and fuel and oil storage containers by the Contractor.

10.3.9. Records will be kept by the Contractor of all spills and actions taken will be noted. Lessons learned will be communicated as appropriate (see also section 12).

POLLUTION PREVENTION MEASURES ONHSORE (AT CABLE LANDFALL)

10.3.10. The Contractor will be required to undertake cable landfall works in line with standard industry best practice and the general environmental management plans provided by the Employer:

Biosecurity;

Waste management;

Working in or near water;

Unexpected contaminated land;

Working in sensitive habitats; and

Oil storage and refuelling.


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11. Dropped Objects

11.1.1. It will be a condition of the Marine Licence that any debris (or waste) arising during the course of the Project are removed from the site of the works if practicably feasible and safe to do so, for disposal at an approved location.

11.1.2. Should debris not be able to be removed immediately and it be considered to be a danger to navigation or risk to any other legitimate user of the sea, notification should be provided to Marine Scotland and a mitigation plan proposed for approval by Marine Scotland.

11.1.3. The mitigation plan must include consideration of removal or alteration to the debris.

11.1.4. Separate provisions apply for the accidental loss of pollutants. These procedures are set out in Section 10 of this CEMP.


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12. Monitoring and Reporting Plan

12.1. Introduction

12.1.1. Monitoring and reporting of activities during the Project is required in order to ensure works are carried out as per legislation, consent and licence conditions and in line with the Employer requirements. This section describes the monitoring (including auditing) and reporting activities that will be performed during the execution of the Project. These requirements are additional to the external communications requirements detailed in Section 3.

12.2. Monitoring During Works

VESSEL INSPECTIONS

12.2.1. All vessels utilised on the Project shall be fully complaint with the ISM Code and flag state requirements. Where ISM Code does not apply to a vessel utilised due to vessel size, the vessel operator shall ensure that the vessel has a suitably integrated Safety Management System in use on board the vessel.

12.2.2. Table 12.1 outlines a number of environmental documents / certificates the vessels will be expected to provide in order to comply with the environmental aspects of the initial vessel audit and / or ongoing audits throughout the Project work. Documentation will be required to be provided to the Employer (where specified) ahead of operations and prior to HAZID in order that any necessary amendments can be made in advance of works commencing. Pre works vessel checks will be undertaken by the Employer, to ensure all appropriate documentation is on board the vessel.

Table 12.1 Vessel Audit – Environmental Compliance Checklist

Aspect Document Action Responsibility for Provision

Marine Licence and related documentation

Marine Licence Copy of Marine Licence to be on board vessel throughout works

Vessel

EPS Licence Copy of EPS Licence to be on board vessel throughout works

Vessel

CEMP (incorporating the MMPP)

Copy of CEMP to be on board vessel throughout works

Vessel

FLMAP Copy of FLMAP to be on board vessel throughout works

Vessel

MMO Records Evidence required at vessel audit Vessel

Water Protection Shipboard Marine Pollution Emergency Plan (SOPEP)

Plan to be presented prior to the HAZID, and on board vessel throughout works

Vessel

Ensure that materials are secured on deck

Evidence required at vessel audit Vessel

Wastes are required to be contained on board vessels

Evidence required at vessel audit Vessel


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Aspect Document Action Responsibility for Provision

for appropriate disposal on return to port

Oily Discharges Oil Pollution Prevention Certificate

Certificate to be presented prior to the HAZID, and on board vessel throughout works

Vessel

Oil Record Book Record book to be on board vessel throughout works

Vessel

Ballast Water Management (if applicable)

International Ballast Water Management Certificate


Vessel

Ballast Water Management Plan

Plan to be presented prior to the HAZID, and on board vessel throughout works

Vessel

Ballast Water Record Book Record book to be on board vessel throughout works

Vessel

Biofouling Management

International Anti‐Fouling System Certificate


Vessel

Biofouling Management Plan Plan to be presented prior to the HAZID, and on board vessel throughout works

Vessel

Biofouling Record Book Record book to be on board vessel throughout works

Vessel

Waste Management Waste Management Plan Plan to be presented prior to the HAZID, and on board vessel throughout works

Vessel

Garbage Record Book Record book to be on board vessel throughout works

Vessel

Controlled Waste Transfer Note / Special Waste Consignment Note

Notes to be on board vessel at vessel audit and throughout works

Vessel

MONITORING OF DAILY WORK

12.2.3. Daily checks will be carried out by the Employer Supervisor for Offshore Works. Any actions resulting from these inspections will be reported at team meetings.

AUDITS

12.2.4. The Employer Project Manager will arrange a schedule of audits for both the vessel and work sites as appropriate during the delivery of the Project. The audits will include evaluation of compliance with environmental legislation, good practice and with any Project and the Employer requirements.

12.2.5. Following completion of each audit, a report will be prepared, and distributed to the Project Team and the Employer personnel as appropriate. This will identify any corrective measures that need to be undertaken, which will be entered into the Audit Close Out Schedule. This will contain details on who is responsible for implementing each action and the associated timescales.


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CORRECTIVE AND PREVENTIVE ACTIONS

12.2.6. All corrective actions identified as a result of any audit or inspection generated either by the Contractor or by the Employer will be entered into the Corrective Actions Tracker. This will detail:

The date of the audit;

The origin of the audit finding (e.g. weekly inspection);

The audit finding;

The corrective action required;

Responsibility for the corrective action; and

Date of close‐out of the corrective action.

12.3. Reporting During / After Works

DAILY REPORTING

12.3.1. In addition to incident reporting, environmental related matters will be reported to the Employer Supervisor for Offshore Works in the Daily Project Report (DPR) prepared by the Contractor.

END OF INSTALLTION REPORTING

12.3.2. The Contractor will be responsible for the preparation of all reports required at the end of the works, including, but not necessarily limited to the following:

As laid report;

Charting;

RPL report;

Lessons learned report; and

MMO report.

12.3.3. The above will be used to compile the end of works report required by Marine Scotland.

12.4. Incident Response and Reporting

12.4.1. All incident reporting and investigation will be undertaken in line with the Employer requirements as detailed in MS‐SHE‐010 Incident Reporting Management and Investigation Standard and REF‐PS‐SHE‐COM‐015 Reporting of SHE Incidents. The requirements are detailed in Figure 12.1 and this should be the first reference in the event of an incident or near miss.

Refer to Figure 12.1 for response requirements

Reporting required within 30 minutes 0800 107 3207


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12.4.2. Incident response will be based on the Stop, Control, and Notify principle. Works will be stopped and where possible the source of any pollution will be addressed. Appropriate measures will be taken to contain the pollutant.

12.4.3. After an incident any lessons learnt from the incident will be communicated to all of the Project Team and appropriate action will be taken elsewhere on the Project if necessary. All relevant method statements, sections of the CEMP, toolbox talks etc. will be updated and all Project Team members informed of the changes.

12.4.4. Audits will be conducted at regular intervals with corrective and preventative actions being monitored in an Audit Close‐out Schedule.

12.4.5. The Project Team will be briefed on the system for reporting incidents and near misses as a part of their Site Induction.

12.4.6. Any complaints received from the public or regulatory authorities will also be recorded on the environmental incidents and near misses register.

12.4.7. In general, all significant environmental or pollution incidents will be initially managed according to the Employer process outlined above, but also according to the Contractor emergency response procedures, including the Shipboard Marine Pollution Emergency Plan (SOPEP).


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Figure 12.1 Reporting of SHE Incidents


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13. References

13.1.1. Aires, C., Gonz lez‐Irusta, J.M., Watret, R. (2014). Scottish Marine and Freshwater Science Report, Vol 5 No 10, Updating Fisheries Sensitivity Maps in British Waters' found at: http://www.scotland.gov.uk/Publications/2014/12/3334 with further details at http://www.scotland.gov.uk/Topics/marine/science/MSInteractive/Themes/fish‐fisheries/fsm.

13.1.2. ESG (2015). SSE Cable Burial Assessment Surveys. Hydrographic, Geophysical and Intrusive Surveys. Report No. L5248‐15.

13.1.3. ERM (2018a). Scottish Island Cables, Shore Ends. Environmental Appraisal Report. Yell ‐ Unst 1, Shetland. Final version. April 2018.

13.1.4. ERM (2018b). Scottish Island Cables, Shore Ends. Environmental Appraisal Report. Yell ‐ Unst 2, Shetland. Final version. April 2018.

13.1.5. Guerin, A.J., Jackson, A.C., Bowyer, P.A. and Youngson, A.F. (2014). Hydrodynamic models to understand salmon migration in Scotland. The Crown Estate, 116 pages. ISBN: 978‐1‐906410‐52‐0.

13.1.6. Godfrey, J. D., Stewart, D. C., Middlemas, S. J., & Armstrong, J. D. (2014). Depth use and migratory behaviour of homing Atlantic salmon (Salmo salar) in Scottish coastal waters. ICES Journal of Marine Science, 72(2), 568‐575.

13.1.7. IMO. (2011). 2011 Guidelines for the Control and Management of Ships' Biofouling to Minimise the Transfer of Invasive Aquatic Species.

13.1.8. JNCC. (2017). JNCC guidelines for minimising the risk of injury to marine mammals from geophysical surveys. Published, April 2017.

13.1.9. NBN Atlas (2018). National Biodiversity Network. Available at https://records.nbnatlas.org/explore/your‐area [Accessed 16/03/2018].

13.1.10. NAFC Marine Centre (2015). The Shetland Islands' Marine Spatial Plan. Fourth Edition. Strategic Environmental Assessment. Environmental Report. Available at: http://www.nafc.uhi.ac.uk/research/marine‐spatial‐planning/shetland‐islands‐marine‐spatial‐plan‐simsp/ [Accessed 3/04/2018].

13.1.11. NMPI (2018). The Scottish Government National Marine Plan Interactive available at http://www.gov.scot/Topics/marine/seamanagement/nmpihome [Accessed 02/04/2018].

13.1.12. Malcolm, I. A., Godfrey, J., & Youngson, A. F. (2010). Review of migratory routes and behaviour of Atlantic salmon, sea trout and European eel in Scotland’s coastal environment: implications for the development of marine renewables. Scottish Marine and Freshwater Science, 1(14), 1‐72.

13.1.13. OSPAR (2008). Case Reports for the OSPAR List of threatened and/or declining species and habitats. OSPAR Commission. Available online at http://qsr2010.ospar.org/media/assessments/p00358_case_reports_species_and_habitats_2008.pdf [Accessed on 14/12/2017].

13.1.14. Payne, R.D., Cook, E.J. and Macleod, A. (2014). Marine Biosecurity Planning – Guidance for producing site and operation‐based plans for preventing the introduction of non‐native species. Report by SRSL Ltd. in conjunction with Robin Payne to the Firth of Clyde Forum and Scottish Natural Heritage 39 pp.


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13.1.15. Scottish Government (2010). Scottish Government’s Zero Waste Plan. Available at: http://www.gov.scot/Publications/2010/06/08092645/0 [Accessed 14/12/2017].

13.1.16. Scottish Government. (2012). The Duty of Care: A Code of Practice. Published by the Scottish Government, October 2012. ISBN: 978‐1‐78256‐138‐5 (web only).

13.1.17. SNH (Scottish Natural Heritage) (2014). Recommended list of Priority Marine Features in Scotland’s seas. Available at: http://www.snh.gov.uk/protecting‐scotlands‐nature/safeguarding‐biodiversity/priority‐marine‐features/priority‐marine‐features/ [Accessed 10/10/2017].

13.1.18. UKBAP (2011). UK Biodiversity Action Plan. Available at: http://jncc.defra.gov.uk/page‐5155 [Accessed 11/10/2017].

13.1.19. Wessex Archaeology (2014). Protocols for Archaeological Discoveries. Available at: http://www.wessexarch.co.uk/protocols‐archaeological‐discoveries‐pad [Accessed 14/12/2017].


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Relevant Marine Policies and Plans

A.1. Scottish National Marine Plan

The Scottish Government adopted the National Marine Plan (NMP) in early 2015 to provide an overarching framework for marine activity in Scottish waters, with an aim to enable sustainable development and the use of the marine area in a way that protects and enhances the marine environment whilst promoting both existing and emerging industries. This is underpinned by a core set of general policies which apply across existing and future development and use of the marine environment. The general planning policies of particular relevance to the works include:

General planning ‐ There is a presumption in favour of sustainable development and use of the marine environment when consistent with the policies and objectives of the Plan;

Economic benefit ‐ Sustainable development and use which provides economic benefit to Scottish communities is encouraged when consistent with the objectives and policies of this Plan;

Co‐existence ‐ Proposals which enable coexistence with other development sectors and activities within the Scottish marine area are encouraged in planning and decision making processes, when consistent with policies and objectives of this Plan;

Climate change ‐ Marine planners and decision makers must act in the way best calculated to mitigate, and adapt to, climate change;

Natural heritage ‐ Development and use of the marine environment must:

o Comply with legal requirements for protected areas and protected species;

o Not result in significant impact on the national status of PMF; and

o Protect and, where appropriate, enhance the health of the marine area.

Noise: Development and use in the marine environment should avoid significant adverse effects of manmade noise and vibration, especially on species sensitive to such effects;

Engagement: Early and effective engagement should be undertaken with the general public and interested stakeholders to facilitate planning and consenting processes; and

Cumulative impacts: Cumulative impacts affecting the ecosystem of the Marine Plan area should be addressed in decision‐making and Plan implementation.

The Employer has taken all the above policies into consideration when developing the cable route and assessing the potential environmental and socio‐economic impacts. Sectoral policies are also outlined in the Plan where a particular industry brings with it issues beyond those set out in the general policies. For the Project, the policies covering fisheries and submarine cables are of particular relevance; these are detailed below, along with comment on the degree to which the Project is aligned with such objectives and policies.


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FISHERIES POLICIES

Taking account of the EU’s Common Fisheries Policy, Habitats and Birds Directives and Marine Strategy Framework Directive, the works have been planned to ensure that existing fishing opportunities and activities are safeguarded wherever possible and that the proposed cable installation activities protect local fish stocks and sustain healthy fisheries. This has been achieved by the Employer engaging early with the fishing community to discuss the proposals, minimising the duration of cable installation and by minimising conflicts with the fisheries sector and the impact on fish stocks through a thorough assessment of the potential impacts.

Scottish National Marine Plan – Sea Fisheries Marine Planning Policies

Marine planning policies

FISHERIES 1: Taking account of the EU's Common Fisheries Policy, Habitats Directive, Birds Directive and Marine Strategy Framework Directive, marine planners and decision makers should aim to ensure:

Existing fishing opportunities and activities are safeguarded wherever possible.

An ecosystem-based approach to the management of fishing which ensures sustainable and resilient fish stocks and avoids damage to fragile habitats.

Protection for vulnerable stocks (in particular for juvenile and spawning stocks through continuation of sea area closures where appropriate).

Improved protection of the seabed and historical and archaeological remains requiring protection through effective identification of high-risk areas and management measures to mitigate the impacts of fishing, where appropriate.

That other sectors take into account the need to protect fish stocks and sustain healthy fisheries for both economic and conservation reasons.

Delivery of Scotland's international commitments in fisheries, including the ban on discards.

Mechanisms for managing conflicts between fishermen and/or between the fishing sector and other users of the marine environment.

FISHERIES 2: The following key factors should be taken into account when deciding on uses of the marine environment and the potential impact on fishing:

The cultural and economic importance of fishing, in particular to vulnerable coastal communities.

The potential impact (positive and negative) of marine developments on the sustainability of fish and shellfish stocks and resultant fishing opportunities in any given area.

The environmental impact on fishing grounds (such as nursery, spawning areas), commercially fished species, habitats and species more generally.

The potential effect of displacement on: fish stocks; the wider environment; use of fuel; socio-economic costs to fishers and their communities and other marine users.

FISHERIES 3: Where existing fishing opportunities or activity cannot be safeguarded, a Fisheries Management and Mitigation Strategy should be prepared by the proposer of development or use, involving full engagement with local fishing interests (and other interests as appropriate) in the development of the


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Strategy. All efforts should be made to agree the Strategy with those interests. Those interests should also undertake to engage with the proposer and provide transparent and accurate information and data to help complete the Strategy. The Strategy should be drawn up as part of the discharge of conditions of permissions granted.

The content of the Strategy should be relevant to the particular circumstances and could include:

An assessment of the potential impact of the development or use on the affected fishery or fisheries, both in socio-economic terms and in terms of environmental sustainability.

A recognition that the disruption to existing fishing opportunities/activity should be minimised as far as possible.

Reasonable measures to mitigate any constraints which the proposed development or use may place on existing or proposed fishing activity.

Reasonable measures to mitigate any potential impacts on sustainability of fish stocks (e.g. impacts on spawning grounds or areas of fish or shellfish abundance) and any socio-economic impacts.

Where it does not prove possible to agree the Strategy with all interests, the reasons for any divergence of views between the parties should be fully explained in the Strategy and dissenting views should be given a platform within the Strategy to make their case.

FISHERIES 4: Ports and harbours should seek to engage with fishing and other relevant stakeholders at an early stage to discuss any changes in infrastructure that may affect them. Any port or harbour developments should take account of the needs of the dependent fishing fleets with a view to avoiding commercial harm where possible. Where a port or harbour has reached a minimum level of infrastructure required to support a viable fishing fleet, there should be a presumption in favour of maintaining this infrastructure, provided there is an ongoing requirement for it to remain in place and that it continues to be fit for purpose.

FISHERIES 5: Inshore Fisheries Groups (IFGs) should work with all local stakeholders with an interest to agree joint fisheries management measures. These measures should inform and reflect the objectives of regional marine plans. <applies to inshore waters>

Regional Policy: Regional marine plans should consider:

Whether they require to undertake further work on any data gaps in relation to fishing activity within their region.

The potential socio-economic impacts for the local fishing industry (and parts of the industry using their area) of any proposed activity or conservation measure.

How to include local Inshore Fisheries Groups as a key part of their planning process.

The potential consequences and impacts for other marine regions; and for offshore regions of their approach to planning for fisheries.

Taking account of ongoing local initiatives, such as Clyde 2020, which may be relevant to their work. <applies to inshore waters>

SUBMARINE CABLES POLICIES

With respect to submarine cables, the NMP sets out a number of key objectives. Those that are relevant to the works include:


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Protect submarine cables whilst achieving successful seabed user co‐existence;

Achieve the highest possible quality and safety standards and reduce risks to all seabed users and the marine environment; and

Support the generation, distribution and optimisation of electricity from traditional and renewable sources to Scotland, UK and beyond.

Key marine policies underpinning work carried out as part of this Project include:

Stakeholder engagement – this should be undertaken before routes are selected and agreed;

Cable developers are required to provide evidence that they have taken a joined‐up approach to development and activity to minimise impacts on the environment and other sea users;

Cables should be suitability routed to provide sufficient requirement for installation and protection;

Cables should be buried to maximise protection where there are safety or seabed stability risks and to reduce conflict with other marine users and to protect the assets and infrastructure;

Where burial is demonstrated to be not feasible, cables may be suitability protected through recognised and approved measures (such as rock placement, concrete mattresses or cable armouring) where practicable and cost‐effective and as risk assessments direct; and

When selecting locations for cable landfalls consideration should be given to flooding and coastal protection and align with policies in Scottish Planning Policy and Local Development Plans.

Scottish National Marine Plan – Submarine Cables Marine Planning Policies

Marine planning policies

CABLES 1: Cable and network owners should engage with decision makers at the early planning stage to notify of any intention to lay, repair or replace cables before routes are selected and agreed. When making proposals, cable and network owners and marine users should evidence that they have taken a joined-up approach to development and activity to minimise impacts, where possible, on the marine historic and natural environment, the assets, infrastructures and other users. Appropriate and proportionate environmental consideration and risk assessments should be provided which may include cable protection measures and mitigation plans.

Any deposit, removal or dredging carried out for the purpose of executing emergency inspection or repair works to any cable is exempt[151] from the marine licensing regime with approval by Scottish Ministers. However, cable replacement requires a marine licence. Marine Licensing Guidance should be followed when considering any cable development and activity.

CABLES 2: The following factors will be taken into account on a case by case basis when reaching decisions regarding submarine cable development and activities:

Cables should be suitably routed to provide sufficient requirements for installation and cable protection.

New cables should implement methods to minimise impacts on the environment, seabed and other users, where operationally possible and in accordance with relevant industry practice.


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Cables should be buried to maximise protection where there are safety or seabed stability risks and to reduce conflict with other marine users and to protect the assets and infrastructure.

Where burial is demonstrated not to be feasible, cables may be suitably protected through recognised and approved measures (such as rock or mattress placement or cable armouring) where practicable and cost-effective and as risk assessments direct.

Consideration of the need to reinstate the seabed, undertake post-lay surveys and monitoring and carry out remedial action where required.

CABLES 3: A risk-based approach should be applied by network owners and decision makers to the removal of redundant submarine cables, with consideration given to cables being left in situ where this would minimise impacts on the marine historic and natural environment and other users.

CABLES 4: When selecting locations for land-fall of power and telecommunications equipment and cabling, developers and decision makers should consider the policies pertaining to flooding and coastal protection in Chapter 4, and align with those in Scottish Planning Policy and Local Development Plans.

Regional policy: Regional marine plans should consider identifying suitable areas for land fall of submarine cables and integrate with spatial priorities for submarine cables within Local Development Plans. <applies to inshore waters>

A.2. Shetland Islands Marine Spatial Plan (SIMSP)

The Shetland Islands Marine Spatial Plan (SIMSP) provides an overarching policy framework to guide marine development and activity. This SIMSP is based on Scottish Ministers’ commitment to making marine management more efficient, inclusive and accessible. Areas of constraint and/or opportunities for development have been identified in order to reduce potential conflicts between marine activities and encourage co‐existence between multiple users. The SIMSP aims at providing an approach to the management of the sea around Shetland; facilitating an integrated and better informed decision‐making process regarding the future distribution of activities and resources; and enabling the long‐term protection and use of the marine environment.

Section 4 of the SIMSP sets out the legislative requirements that need to be considered for any development proposal. This section covers marine and works licences, planning permission, controlled activity regulation (CAR) authorisation, seabed agreement for lease, electricity regulations, EIA, cumulative impacts and consultation with stakeholders.

Section 5 of the SIMSP sets out a number of general policies that ensure that the SIMSP is contributing to the high‐level government targets that are supporting a clean and safe, healthy and diverse, and productive marine environment. Those that are most relevant to this Project include: underwater noise, navigational safety, cables and pipelines, climate change, coastal defence and flood protection, protected species, nature conservation designations, marine recreation and invasive non‐native species.

There are a number of sectoral policies which are specifically relevant to particular types of development or activity. Of direct relevance to this Project are Specific policy requirements relevant to the decommissioning of subsea cables.

SIMSP Chapter 5: Policy framework

Policy MSP WAT1: Water Ecology


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Development shall not cause any water body to deteriorate the ecological statys nor prevent the achievement of established objectives set out in the Scotland River Basin Management Plan and Orkney and Shetland Management Plan.

Development adjacent to a water body must be accompanied by sufficient information to enable a full assessment of the likely effects including cumulative effects.

Policy MSP INNS1: Reducing the Spread of Invasive Non‐Native Species

Applications for marine‐related developments should demonstrate that the potential risks of spreading INNS have been adequately considered in their proposal, particularly when moving equipment, boats or live stock (e.g. fish and shellfish) from one water body to another or introducing structures suitable for settlement of INNS.

Development proposals in ares where INNS are known to exist must include mitigation measures or a contingency plan approved by the local authority that seeks to minimise the risk of spreading the INNS or identified ways to eradicate the organisms and set up a scheme to prevent reintroduction.

Policy MSP NOISE 1: Minimising levels of noise including underwater noise

Applications for marine‐related developments should, where directed by the local authority: a) Submit a noise impact assessment or supporting information to described the duration, type and level of noise expected to be generated at all stages of the development (construction, operation, decommissioning); and b) include mitigation measures to minimise the adverse impacts associated with the duration and level of noise activity. Development must also take into consideration the potential cumulative effects of noise within the marine area. Developers should consider whether the level of surface or underwater noise has the potential to affect a marine species where this includes a European Protected Species (EPS) note that an EPS licence may be required. Policy MSP LITT1: Waste Minimisation

All applications for marine‐related developments should, where directed by the local authority, submit a waste/litter minimisation and management plan to ensure the safe disposal of waste material and debris associated with the construction, operation and decommissioning stages of the development in a format to the satisfaction of the consenting authority or regulator. Disposal of marine waste/litter at sea is prohibited.

Policy MSP SHIP1: Safeguarding Navigation Channels and Port Areas

Development proposals that would have an adverse impact on the efficient and safe movement or navigation of shipping to and from ports, harbours, marinas and anchorages or the long‐term operational capacity of a ferry operation will be refused.

Policy MSP SHIP2: Marine Environmental High Risk Areas (MEHRAs) Developments should consider the presence and status of Marine Environmental High Risk Areas (MEHRAs).