Statutory Instrument 1997 No. 1331

      The Surface Waters (Fishlife) (Classification) Regulations 1997

      © Crown Copyright 1997

      Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

      The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

      It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

      The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Surface Waters (Fishlife) (Classification) Regulations 1997 , ISBN 0 11 063707 0. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

      Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

      To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

STATUTORY INSTRUMENTS

1997 No. 1331

WATER RESOURCES, ENGLAND AND WALES

The Surface Waters (Fishlife) (Classification) Regulations 1997

  Made 19th May 1997 
  Laid before Parliament 22nd May 1997 
  Coming into force 12th June 1997 

The Secretary of State for the Environment and the Secretary of State for Wales, acting jointly in exercise of the powers conferred on them by sections 82, 102 and 219(2) of the Water Resources Act 1991[1] and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation
     1.  - (1) These Regulations may be cited as the Surface Waters (Fishlife) (Classification) Regulations 1997 and shall come into force on 12th June 1997.

    (2) Expressions used in these Regulations which are also used in Directive 78/659/ EEC[2] (the quality of fresh waters needing protection or improvement in order to support fish life) shall have the same meaning as in that Directive.

Classification of waters
     2. The classifications SW ("salmonid waters") and CW ("cyprinid waters"), and the criteria for those classifications, set out in the Schedule to these Regulations shall apply for classifying inland freshwaters which need protection or improvement in order to support fish life.

Compliance with relevant requirements
     3.  - (1) Subject to paragraphs (2) and (3) below, any waters classified under these Regulations shall be treated in relation to any period of twelve months as complying with the requirements specified in the Schedule to these Regulations for waters of the relevant class for any parameter if in that period in relation to those waters - 

    (a) in the case of the parameter for pH, non-ionised ammonia, total ammonium, total residual chlorine or total zinc, 95 per cent of the samples taken for that parameter in accordance with regulation 4 below comply with the requirements;

    (b) in the case of the parameter for temperature or dissolved oxygen, the percentage specified in that Schedule of samples taken for that parameter in accordance with regulation 4 below comply with the requirements.

    (2) When the frequency of sampling is lower than one sample per month for any parameter mentioned in sub-paragraph (1)(a) above in relation to any waters classified under these Regulations, 100 per cent of samples taken for that parameter in accordance with regulation 4 in relation to those waters must comply with the requirements for that parameter specified in the Schedule to these Regulations for waters of the relevant class.

    (3) Non-compliant samples shall be ignored for the purposes of paragraphs (1) and (2) above if they are the result of a flood or any other natural disaster.

Sampling and analysis
     4.  - (1) The Environment Agency shall ensure that waters classified under these Regulations are sampled and samples are analysed in accordance with the following provisions of this Regulation.

    (2) Samples in relation to any waters classified under these Regulations shall always be taken at the same sampling point.

    (3) The Environment Agency shall fix the exact position of the sampling point, and the depth at which samples are to be taken, having regard in particular to - 

    (4) Subject to paragraphs (5) and (6) below, sampling for any parameter shall be carried out at least at the minimum frequency specified in the Schedule to these Regulations for that parameter for waters of the relevant class.

    (5) Where the Environment Agency's records show that the quality of any waters classified under these Regulations is appreciably higher for any parameter than the minimum required by these Regulations for waters of that class, the Agency may reduce the sampling frequency for that parameter or, if there is no pollution and no risk of deterioration of its quality, it may dispense with sampling for that parameter altogether.

    (6) Where sampling shows that the requirements of regulation 3 above are not being complied with, the Environment Agency shall establish whether this is the result of chance, a natural phenomenon or pollution and shall adopt appropriate measures.

    (7) Samples for any parameter shall be analysed using the reference methods of analysis specified in the Schedule to these Regulations in relation to that parameter or methods which are at least as reliable as the reference methods.

Derogations
     5.  - (1) The Agency may derogate from the requirements of these Regulations - 

    (2) In this Regulation, "natural enrichment" means a process whereby without human intervention a given body of water receives from the soil certain substances contained therein.

Modifications of the Water Resources Act 1991
     6.  - (1) Section 83 of the Water Resources Act 1991 shall have effect - 

    (2) Section 104(1) of the Water Resources Act 1991 (meaning of "controlled waters") shall have effect for the purpose of giving effect to Directive 78/659/EEC as if "inland freshwaters"included all waters which are fresh waters for the purposes of that Directive.

    (3) Section 202(2) of the Water Resources Act 1991 (information in connection with the control of pollution) shall have effect as if it conferred power on the Secretary of State and the Environment Agency to require the furnishing of information reasonably required for the purposes of giving effect to Directive 78/659/EEC.


John Prescott
Secretary of State, Department of Environment

19th May 1997



Signed by authority of the Secretary of State for Wales


Win Griffiths
Parliamentary Under Secretary of State, Welsh Office

19th May 1997

 


SCHEDULE
Regulations 2, 3 and 4



PART I

CRITERIA FOR CLASSIFICATION OF WATERS AS SALMONID AND CYPRINID WATERS

 
No. in Annex I to 78/659/EEC Parameter Requirements to be satisfied for salmonid waters Requirements to be satisfied for cyprinid waters Methods of analysis or inspection Minimum sampling and measuring frequency Observations
1 Temperature (°C)      1. Temperature measured downstream of a point of thermal discharge (at the edge of a mixing zone) must not exceed the unaffected temperature by more than 1.5°C for salmonid waters and 3°C for cyprinid waters

Derogations limited in geographical scope may be decided by the Environment Agency if the Agency can show that there are no harmful consequences for the balanced development of the fish population

     2. Thermal discharges must not cause the temperature downstream of the point of thermal discharge (at the edge of the mixing zone) to exceed - 

    (a) 10°C (0) during the breeding season in the case of waters which contain species which need cold water for reproduction;

    (b) at other times or in the case of waters which do not contain such species, 21.5°C (0) for salmonid waters and 28°C (0) for cyprinid waters

Temperature limits may, however, be exceeded for 2% of the time

 Thermometry Weekly, both upstream and downstream of the point of thermal discharge Over-sudden variations in temperature must be avoided
2 Dissolved oxygen (mg/l O2) 50%>=9

When the oxygen concentration falls below 6 mg/l, the Environment Agency shall comply with regulation 4(6) and the Agency must prove that this situation will have no harmful consequences for the balanced development of the fish population

 50%>=7

When the oxygen concentration falls below 4 mg/l, the Environment Agency shall comply with regulation 4(6) and the Agency must prove that this situation will have no harmful consequences for the balanced development of the fish population

 Winkler's method or specific electrodes (electro-chemical method) Monthly,minimum one sample representative of low oxygen conditions on the day of sampling

However, where major daily variations are suspected, a minimum of two samples in one day shall be taken

  
3 pH 6 to 9 (0)

Artificial pH variations with respect to the unaffected values shall not exceed ±0.5 of a pH unit within the limits falling between 6 and 9 provided that these variations do not increase the harmfulness of other substances present in the water

 Electrometry calibration by means of two solutions with known pH values, preferably on either side of, and close to the pH being measured Monthly  
8 Phenolic compounds (mg/l C6 H5 OH) Phenolic compounds must not be present in such concentrations that they adversely affect fish flavour By taste   An examination by taste shall be made only where the presence of phenolic compounds is presumed
9 Petroleum hydrocarbons Petroleum products must not be present in the water in such quantities that they - 

    (a) form a visible film on the surface of the water or form coatings on the beds of water-courses and lakes;

    (b) impart a detectable "hydrocarbon" taste to fish;

    (c) produce harmful effects on fish.

 Visual and by taste Monthly A visual examination shall be made regularly once a month, with an examination by taste only where the presence of hydrocarbons is presumed
10 Non-ionised ammonia (mg/l NH3) <=0.025 Molecular absorption spectrophotometry using indophenol blue or Nessler's method associated with pH and temperature determination Monthly Values for non-ionised ammonia may be exceeded in the form of minor peaks in the daytime
11 Total ammonium (mg/l NH4) In order to diminish the risk of toxicity due to non-ionised ammonia, of oxygen consumption due to nitrification and of eutrophication, the concentrations of total ammonium should not exceed 1 mg/l

In particular geographical or climatic conditions and particularly in cases of low water temperature and of reduced nitrification or where the Environment Agency can show that there are no harmful consequences for the balanced development of the fish population, the Agency may fix a value higher than 1 mg/l

 Molecular absorption spectrophotometry using indophenol blue or Nessler's method associated with pH and temperature determination Monthly  
12 Total residual chlorine (mg/l Zn) <=0.005 DPD-method (diethyl-p-phenylenediamene) Monthly The value corresponds to pH = 6

Higher concentrations of total chlorine can be accepted if the pH is higher
13 Total Zinc (mg/l Zn) <=0.3 <=1.0 Atomic absorption spectrometry Monthly The values correspond to a water hardness of 100 mg/l CaCO3

For hardness levels between 10 and 500 mg/l corresponding limit values can be found in the Table in Part II of this Schedule



PART II

ZINC CONCENTRATIONS (mg/l Zn) FOR DIFFERENT WATER HARDNESS VALUES BETWEEN 10 AND 500 mg/l CaCO3

Classification of waters Water hardness (mg/l CaCO3)
  10 50 100 500
Salmonid waters (mg/l Zn) 0.03 0.2 0.3 0.5
Cyprinid waters (mg/l Zn) 0.3 0.7 1.0 2.0

 

 
EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations prescribe a system for classifying the quality of inland freshwaters which need protection or improvement in order to support fish life.

The classifications SW ("salmonid waters") and CW ("cyprinid waters") reflect the mandatory values assigned by Directive 78/659/EEC (on the quality of fresh waters needing protection or improvement in order to support fish life) to the parameters listed in the Schedule to these Regulations.

The Regulations also incorporate the reference methods of measurement, and the minimum frequency required for sampling and analysis, laid down in that Directive for those parameters.

The Regulations, together with the Surface Waters (Fishlife) Directions 1997, transpose Directive 78/659/EEC in relation to England and Wales. Copies of the Surface Waters (Fishlife) Directions 1997 may be obtained from:

  • Water Quality Division

         Department of the Environment,

         Romney House,

         43 Marsham Street,

         London SW1P 3PY.

  • Environment Division,

         Welsh Office,

         Cathays Park,

         Cardiff CF1 3NQ.

Notes:

[1] 1991 c.57; see section 221(7) as to the joint exercise of functions exercisable concurrently. back

[2] O.J. No. L 222, 14.8.1978, p. 1. back


ISBN 0 11 063707 0


 
Other UK SIs |  Home |  National Assembly for Wales Statutory Instruments |  Scottish Statutory Instruments |  Statutory Rules of Northern Ireland |  Her Majesty's Stationery Office

We welcome your comments on this site
 © Crown copyright 1997
Prepared 2 June 1997