|
Access,
Conservation & Bird Restrictions
by Kevin Howett and Peter Davies
Access &
Conservation
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.
| |
 |
|
| |
Golden Eagle and young
There is only one pair of eagles nesting in the Lake District
- fortunately they
have picked a crag that is of no interest to climbers!
|
|
| |
|
|
|
