please see below some information regarding Wye navigation. It follows a suggestion that the EA could suspend navigation under certain circumstances. Below are the questions I asked and the answers received. Not sure there was really a specific answer to some of the question as one might expect but make your own mind up.
Enquiry regarding Navigation on
the River Wye
Thank you for your comments and queries in relation to navigation on the River Wye which we
received on 16 September 2019.
We respond to requests under the
Freedom of Information Act 2000 and Environmental Information Regulations 2004.
As the navigation authority we would like to
reassure you that any incidents that are reported to the Incident Hotline are
responded to and dealt with as appropriate. Should you want to report incidents
then please call our Freephone service on 0800 807060. We hope our answers
below address your concerns, we have included your questions for completeness.
First of all, can you tell
me what criteria you will use to make a judgement that the environment needs
protection due to low flows
Would this be for protection
of fish or any other species perhaps.?
The River Wye is a
Special Area of Conservation (SAC) and a Site of Scientific Interest (SSSI) for
its entire length. It is important for a number of rare and threatened species
and habitats. The Environment Agency and Natural Resources Wales (NRW) must
jointly balance the water needs of people, businesses and the environment
throughout the catchment. During periods of exceptional shortage of rain
leading to low river flows, we will need to seek additional measures as part of
our duty to protect the SAC and restrictions may be necessary for licensed
water abstraction, navigation and angling. Voluntary restrictions for all
aspects of river use are encouraged before any additional measures are
required.
If
ecological damage becomes a significant risk (such as canoeists on stretches
where there is insufficient depth, getting out and walking, trampling gravels
etc). It may become necessary to implement Article 19 of the Wye Navigation
Order 2002 and more specifically para (c) in certain parts of the principal
rivers.
I presume one measure might
be high temperatures, algae bloom or other forms of pollution. Is this so?
Various conditions such as
the ones to which you refer can result in signs of stress for wildlife, fish
and habitats as well as making the experience of the canoe hire customer
unviable in shallow reaches of the river.
What confidence do you have,
if any, that commercial operators would cease or curtail business activities if
you merely asked them to do so.?
People and businesses likely to be impacted will be
given as much notice as possible of any plans with implications to navigation.
Any restrictions to navigation will be kept to a minimum as far as possible.
NRW will follow the same approach for the Glasbury to Hay section. We have not
had to restrict navigation under such circumstances before. In 2018/19 during the
pro-longed dry period the commercial hire companies were kept informed of the
situation and the potential for river closures. Commercial canoe hire companies
were (and are) encouraged to have contingency plans in place to deal with these
extreme conditions and potential restrictions to navigation. The reaction of
the commercial hire companies in 2018/19 was positive and they were fully
co-operative throughout.
Do you have any powers to
demand this?
Yes,
under the Wye Navigation Order 2002 we have the power to temporary close the
principal rivers for the purpose of conserving the natural beauty of the
principal rivers and their flora, fauna and geological or physiographical
features of special interest. If water levels
are low enough to be considered a significant risk to ecology, vulnerable
stretches will be temporarily closed to navigation by implementing Article 19
(c) of the Wye Navigation Order 2002. The closures will extend from the nearest
upstream and downstream public access point of the vulnerable stretch affected.
Temporary closure notices will be displayed at the relevant access points.
If so, do you have the means
to check if it’s being adhered too and are there any penalties you can impose
if they transgress?
The Wye Navigation officers
regularly survey traffic numbers and behaviour in the summer months and are
warranted to give instructions to river users. Failure to comply would be an
offence under the Wye Navigation Order 2002.
With the bulk of hire
companies supportive of our message any non-adherence would quickly be reported
by those complying with our instructions.
Do you have the means to
pursue them or to police them it if they do not comply?
Active monitoring of the
navigation will take place during pro-longed dry weather periods. This will
continue when and if vulnerable stretches have to be closed. Failure to comply
with temporary river closures could result in further action depending on the
circumstances – whether it is non-compliance of Article 19 (c) of the WNO or
the environmental legislation in place.
Again, what criteria would
you use to decide what you call ‘vulnerable sections’ which might be those
closed down and others not?
A combination of
hydrological and environmental factors will help determine what action needs to
be taken. A stretch of river would be considered ‘vulnerable’ if the water
levels are low enough to be considered a significant risk to ecology.
How would you
differentiate these sections to be closed one from another and would this
closure apply to anglers too?
The closure of vulnerable
river stretches would extend from the upstream public access point to the
downstream access point as deemed appropriate. As the navigation authority for
the River Wye, river closures under the WNO 2002 would only apply to vessels
navigating the river. If the additional pressure placed on the remaining open
stretches becomes a matter of concern, then user numbers may have to be
restricted. We will work with British Canoeing, Canoe Wales and canoe hire
companies throughout this process.
Please get in touch if you have
any further queries or contact us within two months if you’d like us to review
the information we have sent.
Yours sincerely,
Karen Powell
Customers and Engagement Officer
Customers and Engagement Officer
West Midlands Customers and Engagement Team
Enquiries Team 02084 747856
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