Site Search
Conservation
Home >> Conservation >> Access & Conservation
Access & Conservation
by Kevin Howett and Peter Davies
Access to the crags of the Lake District will be taken for granted by the majority of users but in fact in some cases it may have been achieved only through years of patient negotiation. Fortunately, the National Trust, Forestry Commission, United Utilities, or other private owners who are broadly sympathetic to climbers, own most of the Lakeland crags. In a few cases however, the situation remains delicate and increasing numbers of climbers are only likely to make it more so. Here is an area in which we can all help, not only by cherishing this region in the manner it deserves, parking thoughtfully, co-operating with farmers and landowners, following the country code, observing bird restrictions, picking up litter at crags and so on, but by ensuring that others do the same. Outsiders look on climbers as a group and inconsiderate behaviour by a few will be seen, rightly or wrongly, as a reflection upon us all. The onus is on all of us to make certain that it doesn't happen in the first place.
Bird Restrictions
Several of the Lake District crags carry Bird Restrictions in the spring (typically from 1st March to 30th June). However, the situation changes from year to year and climbers should make efforts beforehand to find out if there are Schedule 1 birds or ravens in residence on the crag they intend to visit. Usually restricted crags will be signed, but this may not always be the case and all climbers should acquaint themselves with the latest known details which can be found on the BMC website at www.thebmc.co.uk or on the FRCC website at www.frcc.co.uk/rock/birds.htm. Where birds have not nested in any particular year, the ban may be lifted earlier. If there are birds nesting, and there is an agreed restriction, then please be prepared to change your plans according to the agreement. It may be that only some parts of the crag are restricted, so other routes can be climbed. If this is the case it will be indicated on the signs. The notes below have been drawn up jointly by the Lake District National Park Authority, the National Trust, the Cumbria Raptor Study Group, Natural England, the BMC Area Committee and the FRCC. They are only intended to cover the Lake District and outlying areas of Cumbria though they may be found useful elsewhere.
All birds, their eggs and nests, are protected by the Wildlife and Countryside Act 1981. Certain rare or more endangered species are further protected by increased penalties under the 1981 Act and must not be intentionally or recklessly disturbed when nesting. These birds are listed in the act and are referred to as Schedule 1 species. Many are ground nesting or tree nesting birds, some are found on sea cliffs, but the Schedule 1 bird species that climbers may most commonly encounter on crags in the Lake District is the peregrine falcon. Some agreed restrictions also apply to ravens (though these are not Schedule 1).
Peregrines
Peregrines are the largest falcons in the British Isles. They can be recognized by their distinctive profile, often sighted from the crag, as they plummet groundwards to seize some unsuspecting prey. Seen from below, they are pale coloured birds with dark tips to the tail and wings. Their call is a piercing shriek, once heard never forgotten, particularly if you are leading at the time! When disturbed this is uttered repeatedly for long periods. Peregrines hunt over a variety of habitats catching medium sized birds, mainly feral pigeons, by swooping at speeds of up to 200km an hour to seize them. The optimum and preferred nesting sites of peregrines in the United Kingdom are rocky coastal areas, cliffs and inland crags, but the actual nest site is not at all obvious, being just a shallow scrape in the soil. Some indication may be given by streaks of white guano (bird droppings) down an area of the crag, though this may merely be a roost site for the male rather than a nest. Peregrines are fairly common in the Lake District which is one of their most important European habitats, but they are rare elsewhere. In fact the United Kingdom supports approximately 14% of the European population. Of these, in Cumbria, there are usually about 85 nesting sites which hold one or more birds each year and approximately 65 pairs attempt to breed each season. This is 6% of the UK's total population and is considered to be the densest breeding population in the world. The Cumbrian birds are especially important because of the population numbers and productivity which is enabling the birds to spread and re-colonise other areas in the UK. They are particularly vulnerable to the weather, disturbance, poor food supply, and illegal activities such as shooting, poisoning, and egg and chick theft. In 2000 there were 83 occupied territories of which 46 pairs reared 111 young. However, in 2002 only 32 young were reared and this was the worst recorded breeding season for 30 years, predominantly due to appalling weather, but also to increased robberies. Climbers can assist here by reporting any suspicious characters they see near peregrine nest sites.
Ravens
Ravens are very large black birds, similar to a rook but a third bigger. They have distinctive deep "pruk-pruk" and "grok" calls and are great aerial acrobats that delight in soaring and tumbling. Ravens, while not protected in the same way as peregrines and eagles, are still under potential threat from increased disturbance, and there are some voluntary restrictions in the Lake District on their account. Their nests are very large piles of twigs.
Bird Restrictions Agreements
Bird Restrictions are agreed annually between the local BMC Area Committee, the National Park Authority and English Nature. The area of crag agreed to be avoided can vary depending upon various factors including the layout of the crag. Some pairs also vary their choice of nesting site each year either within a crag or between different crags and so agreements may change from year to year. In general, they only apply to the most popular crags but this does not mean that it is necessarily alright to climb on all other crags during this period; even where a crag is not subject to a restriction, if you suspect a bird (particularly a peregrine) is nesting on it, you should heed the advice below. Areas where birds are known to nest should be avoided for a period running from the 1st March to 30th June in the case of the peregrine, and from 1st March to 31st May for the raven.
How the law effects you
The law states that it is an offence to 'intentionally' or 'recklessly' disturb a Schedule 1 bird 'at, on or near' the nest. It is also an offence to recklessly or intentionally disturb 'dependent' fledged young. These 'fledglings' are young birds that have just moved away from the nest but are still dependent to some extent on their parents for food and protection.
It is clear and unambiguous what 'at' and 'on' mean in this legislation, but the law does not stipulate a definition for 'near'. Nor does the law stipulate what constitutes 'disturbance'. It would be difficult to do this, as each bird species is different, and indeed individual birds are different. As a result, the prosecution would call upon expert witnesses to testify that disturbance occurred. It would also have to be shown that it was intentional or reckless.
Many peregrine falcon sites are monitored under licence by Raptor Study Groups, and it is important that climbers follow some basic guidance in order to minimise disturbance (and allow both birds and climbers to continue to coexist) as well as to make sure they are not breaking the law. Apart from possible prosecution, when arrested, police can confiscate your climbing equipment as evidence to present at the trial which may take a long time to come to court.
The following information will give a basic knowledge of Schedule 1 bird behaviour for climbers to judge for themselves what action to take. It is not intended to be definitive, but to be a general guide.
Climbers visiting any crag in the Lake District should make efforts beforehand to find out if there are Schedule 1 birds or ravens in residence on the crag they intend to visit. Usually restricted crags will be signed, but this may not always be the case and all climbers should acquaint themselves with the latest known details which can be found on the BMC website at www.thebmc.co.uk or on the FRCC website at www.frcc.co.uk/rock/birds.htm. Where birds have not nested in any particular year, the ban may be lifted earlier. If there are birds nesting, and there is an agreed restriction, then please be prepared to change your plans according to the agreement. It may be that only some parts of the crag are restricted, so other routes can be climbed. If this is the case it will be indicated on the signs.
At the crag
If you visit a crag not listed as having an agreement, but then notice activity from a peregrine or other Schedule 1 bird in the vicinity, then the guidance below will help you decide what to do. It can equally be used for some other nesting birds you may come across, such as ravens. Obviously, your choice of what can be done will depend on the extent of the crag and its topography as well as other factors outlined below.
As you walk into the crag keep a look out for peregrines and other birds. Peregrines in particular may be calling as they fly about the area. When you arrive they may be disturbed but this is quite normal intuitive disturbance. Try and move out of their line of sight as quickly as you can and then wait and see if they settle down and try to spot where they originate from. This will enable you to decide whether there is a nesting site that is being used near the climb that you are hoping to do, and to assess from the criteria below about disturbance, whether you feel your presence will be detrimental.
If the nest site is not directly beside where you are going to climb, the configuration of the crag means you can be separated from line of sight from the nest site to some extent, or the crucial period of egg incubation (see below) in cold weather is past, then you will probably find that the birds will have calmed down after the initial disturbance and climbing does not disturb them off the nest for long periods.
If the birds continue to appear aggressive and agitated and are staying away from the nest, then you should find another climb further away from the site, on another part of the crag, or indeed another crag, as to continue climbing could cause damaging disturbance by keeping the parents off the nest for too long.
How do you judge disturbance?
Most birds will act instinctively to protect their nest site when they perceive a threat. They will often make an initial reaction to human presence, calling, often repeatedly or aggressively. They will then either realise there is no threat and will settle down, or, if they continue and you then move away from them, they will then stop their instinctive behaviour.
It can be difficult for non-ornithologists to judge when a peregrine's call changes from normal activity to that of a protection call, but listen for a more aggressive tone. If the female then flies from the nest and stays away, or continuously circles the area calling, then they have been disturbed and it becomes detrimental to breeding success.
How close is too close?
There are no hard and fast rules to determine when you might be too close as so much depends upon the tolerance of the individual bird. If the crag is very popular with climbers, then any nesting birds may be habituated to climbers' presence. Such peregrines may be able to accept climbing in quite close proximity, as long as it is around the other side of an arête or on a separate buttress. Of one thing you can be sure is that climbing very close or directly onto the nest will cause damaging disturbance. At crags in remote areas where there is little climbing activity, birds may be disturbed even at some distance. Of particular importance is the line of sight. If the bird can see you it is far more likely to be disturbed. The best policy is to err upon the side of caution and if in any doubt retreat.
The most important period of nesting
For most birds the most sensitive periods are up to egg-laying, and when they have just laid eggs; for peregrines this period can be from February to late April when the ambient air temperature is still low. A later sensitive period is when the chicks have just hatched (for peregrines, mid to end of May). If adults are repeatedly or continually kept off the nest by climbers, then the eggs or chicks will quickly cool and die, or become available to predation. Obviously there is an even greater risk in cold conditions, and the position of the nest (on a north or south-facing crag) and the time of day will also be important factors to take into account. For ravens, the period in mid-April to mid-May when they are feeding their chicks is critical as this process needs to be constant throughout the day or the chicks will starve.
What to do if challenged or arrested
Even with the best of intentions, it is possible that, having obeyed the above guidelines, you may be accused of disturbing a bird, or of climbing on a crag where you should not have done. If asked to leave, then please do so without fuss, but please ask and note the name of the person requesting you to leave, the organisation they represent, and the reason you have been asked to leave. If the worst happens and you are arrested, then as soon as possible make full notes of the circumstances leading up to your arrest with especial detail on the position of any nests vis-à-vis your climb and the behaviour of any birds. These notes will form vital evidence if the case goes to court, which may be months or even years after the event. In all circumstances please report the details to the BMC.