LOCH LEVEN NATIONAL NATURE RESERVE (NNR) Proposed Local Access Guidance
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1 LOCH LEVEN NATIONAL NATURE RESERVE (NNR) Proposed Local Access Guidance Summary This paper briefly outlines the rationale behind the proposed local access guidance for Loch Leven NNR. Introduction SNH is currently developing the new 10 year Reserve Plan for Loch Leven National Nature Reserve. Part of the Reserve Plan will need to address public access and enjoyment of the reserve and visitor management. In particular, two issues require to be considered: as the site is a Natura site we need to manage access on the site to comply with the requirements of the Habitats and Birds Directives; the implications of the Scottish Outdoor Access Code need to be built into management approaches to the NNR. Background The process which has been followed by SNH to develop the access guidance was as follows: production in July 2004 of the Framework of Guiding Principles for Local Access at Loch Leven NNR. This was based on an ecological assessment, literature review of impacts of recreational disturbance, and the findings of a public consultation. a series of meetings was held during September and October with representative bodies. A wide range of issues and views were aired. On the basis of the feedback received, SNH considered it is necessary for the management of the site that we build on the earlier Framework of Guiding Principles and produce local access guidance for Loch Leven NNR for consultation. Key messages From the series of meetings held with representative bodies, 6 key messages emerged: 1. Keep it simple any access arrangements should not be overly complicated and liable to misinterpretation or being ignored. 2. There is a need to improve interpretation/information about both the natural heritage interest of Loch Leven and any new access arrangements. The Loch s
2 special wildlife interest and particular sensitivity to recreational disturbance are not widely appreciated. 3. SNH needs to make clear the subsequent process to be undertaken should the voluntary approach fail and local access arrangements for Loch Leven are not followed. 4. There is a general picture, from various scientific studies that have been undertaken, which demonstrates the significant effects which recreational disturbance can have on wildfowl (ducks, geese, swans). Given the natural heritage importance of the site, the precautionary approach will be applied where it is not clear how birds will respond to recreational disturbance. 5. There is a large water resource available for waterborne recreation in Scotland and there should not be an expectation that access to all of these will be available. 6. Improving access around and in the vicinity of Loch Leven is generally welcomed by all parties. Rationale behind the provisions of access at Loch Leven The ecological assessment identified the potential for unrestricted access to cause an adverse impact on the integrity of i) the Special Protection Area interests of the site, ii) otters (a European Protected Species), and iii) nesting osprey (a protected species under the Wildlife and Countryside Act (1981)). It gave recommendations as to the means to employ to ensure that these likely adverse impacts on site integrity are avoided. This involved controlling access temporally and spatially on and around the loch and by controlling the source of disturbance e.g. the type of watercraft. The guidance builds on these recommendations. The following sections explain under a series of topic headings what the access issues are and the reasons why SNH is proposing a particular approach. The topics are: Access to land and dogs on the Nature Reserve Winter Access on the Loch Summer Access to the Loch Sailing Access to land and dogs on the Nature Reserve 1. Dogs off leads and running freely are perceived as predators by birds. Dogs regularly entering the Loch near to where the waterfowl are sheltering or feeding in the shallows can result in high levels of disturbance to the birds and desertion of an area.
3 Because of previous NNR byelaws, there is no tradition of general pedestrian access along the loch-shore except at three access points: Kirkgate, Burleigh Sands and Findatie. Widespread and informal access close to the shore could cause large-scale disturbance to birds congregating in the shallow margins. Birds congregate in these areas for the purposes of feeding throughout the year, roosting and resting in winter, or when they form moulting flocks in late summer. A general opening up of pedestrian access to the shoreline is therefore inappropriate. SNH is keen to work in partnership to develop a network of paths around and in the vicinity of Loch Leven that manages access in such a way as to prevent disturbance but allow greater parts of the reserve to be accessed. It is important that early planning of routes takes account of ecological sensitivities and are designed to prevent disturbance. Pedestrian access to the loch-side needs to be actively managed and routed along delineated paths. Proposed guidance Kirkgate Park, Burleigh Sands and Findatie are the main gateways to Loch Leven for visitors. There are plans to create new paths round the loch, so that people can enjoy more of the loch. Visitors and dogs can inadvertently disturb birds on the loch, especially breeding birds in the shallows by going close up to them and scaring them away from the areas of the Loch they feed and shelter in. For the sake of the birds we ask you: To take care not to disturb the birds on the shoreline To pay attention to notices that may be erected during the year To keep dogs on a lead and out of the water Winter Access on the Loch It has been difficult to assess the likely level of demands for waterborne access to Loch Leven in autumn and winter, although there may be some limited local demand for access by canoes. Currently the only boat accessing the loch in autumn and winter is the SNH boat and this happens only very occasionally. There is a weight of evidence to demonstrate that even low numbers of craft can disturb birds on migration and wintering birds. Given this and the potentially huge numbers of birds likely to be affected, SNH feels there is not an over-riding case to allow waterborne access during the bird migration and wintering period, especially given the probable low numbers of potential users. We considered zoning of the loch to allow waterborne access in a designated area but this was considered inappropriate. Wintering birds are widely
4 distributed across the loch and we were not able to identify an area which would be suitable for winter use by craft without causing a change to the pattern of bird use. Any change in the long term distribution of birds or the pattern of use would mean that the conservation objectives of the Natura site were not being fulfilled. Proposed guidance You should not use any boats on the loch from 1 st September to 31 st March to protect the large numbers of migratory and over-wintering birds which use the whole loch throughout this period. Summer Access to the Loch It is recognised that canoes and kayaks have the potential to cause significant disturbance to birds as craft can access shallow, vegetated parts of the loch which are largely inaccessible to sail craft. Brood counts undertaken for the last 20 years have given good information on the significant areas used for duck brood rearing. These are largely the shallow parts of the loch around the shoreline and islands. (see Map 1) It is important therefore that the more sensitive parts of the loch used by these birds during the spring and summer i.e. shallow margins and islands, should be avoided. This is practically possible as canoes and kayaks are largely transient as they pass from one place to another and can generally follow a fairly well defined route. Findings from different pieces of research work and the experience of our own Reserve staff when conducting regular duck counts, have shown that disturbance can occur when craft are as far away from duck broods as 200m on Loch Leven. Therefore it is recommended that any access by canoes should be at least 200m away from the concentrations of duck broods. In general terms this is about 400m from the shoreline and islands. (see Map 2) The more exposed north western side of the loch, which receives the greatest wave action, is not as suitable as a brood rearing area for most species of duck. However, it is known to support one of the three main concentrations of shelduck on the Loch. Shelduck gather in the shallows in front of Carsehall Bog and come ashore to loaf on the sandy beach. It is recommended that the buffer zone along the shoreline is included for this section of the loch. Out with the brood rearing areas, there are other small areas of the loch in front of Grahamstone (see Map 3, 1) and Levenmouth (Map 3, 2) which are known to hold large concentrations of moulting birds in July and August. These areas should also be avoided by canoes. The concentrations of broods around potentially suitable launching areas also restricts where craft can be launched. At Kirkgate park the bare shoreline in front of the park is unsuitable as a brood rearing area. In addition, the current levels of disturbance from visitors to the park, has resulted in few birds using
5 this area. This makes it the least sensitive area for launching craft. There is also a deep channel from Kirkgate out to the central part of the loch which craft can follow. We looked at whether the period during which craft could access the loch could be extended into September. Numbers of birds on migration start to build up on the loch from early September so this is a key time for wildfowl. The Loch is an internationally important staging post for birds on long migrations. Fishing boats operate on the loch at this time, so there is likely to be demand from other water users for access. The number of fishing boats is strictly controlled so this limits their impact. There is a risk that disturbance levels would rise if other users took access, although it is not possible to quantify this risk. Such disturbance would prejudice the aim of maintaining bird numbers and thereby safeguarding the natural heritage interest of the site. On the basis of the precautionary principle therefore, SNH considers it would not be appropriate to have uncontrolled access to the loch in September. On the basis of the ecological assessment SNH undertook, it is felt that there are practical opportunities for canoes to operate in ecologically less sensitive parts of the Loch during the summer months e.g. the deeper areas in the middle of the loch away from islands and the shoreline. Proposed guidance You can use canoes, rowing boats and other similar craft on the loch between 1 April and 31 August. If you are going out on the loch with a canoe or similar craft, we ask you to: Only do so individually or in small groups and avoid lingering in areas close to the birds. Don t paddle towards duck broods so as to avoid splitting crèches and broods Use Kirkgate Park to launch craft. Only use the channel at Kirkgate for passage Avoid the most sensitive areas, shown in red on the map (see Map 4) by staying within the area shown in blue, and help protect: o nesting ducks - by not landing on the islands; o duck broods - by keeping a distance of about 400m away from the shoreline and islands; o large concentrations of birds - by keeping to the west of St Serf s Island o moulting birds - by keeping about 500m away from bird flocks in July and August. This is the time when birds lose their feathers and often cannot fly
6 Respect for Others 4. The Scottish Outdoor Access Code is based on three key principles and these equally apply to the public and land managers. The first of these is to respect the interests of other people. If access rights are being exercised it is important to make sure that the livelihood of those living and working in the outdoors is respected, as are the needs of other people enjoying the outdoors. Part of the estate management of Kinross Estates is the brown trout fishery of Loch Leven. Large numbers of anglers visit Loch Leven and it is important that their fishing activity is respected when taking access on the water. In addition, the Vane Farm Reserve is the most visited of the RSPB Reserves in Scotland. It is important therefore that access to the loch does not operate in a way which disturbs birds away from where they are viewed from Vane Farm. Proposed guidance Show consideration for: o anglers - by passing behind them and upwind of them to avoid interfering with their fishing activities; o birdwatchers on the National Nature Reserve at RSPB s Vane Farm by keeping to the west side of St Serf s Island Sailing 5. There is some demand for access to Loch Leven for sail craft. Given the nature of sailing and windsurfing to traverse repeatedly at speed the same section of water and the high visibility of craft, sail craft are shown in studies to be able to cause significant levels of disturbance to wildfowl. Racing rowing is also not considered practical due to health and safety considerations. Disturbance can also occur at a greater distance from the birds than that caused by canoes and kayaks. The SNH ecological assessment concluded that the deeper part of the Loch in the north deeps are less used by birds in the summer months. However, when account is taken of typical bird escape flight distances and the need for buffer zones around key brood rearing areas, the potential extent of water available for use by sail craft is limited to a very small central area with no practical means of access without entering sensitive areas. We also explored whether zoning the loch would be appropriate to allow sailing during the spring and summer in a designated area. The area favoured by those we consulted to be zoned for the use of sail craft is at Factory Bay, Kirkgate. This bay is used in high numbers by duck broods in spring and summer and therefore causing displacement of birds from this area would be in breach of the conservation objectives of the Birds Directive.
7 In addition, when practical constraints relating to the shallowness of most of the Loch, access for launching, weather and health and safety issues are taken into consideration, there is little opportunity and a high risk of sail craft not being able to comply with restricting activity to delineated areas. It is therefore felt by SNH that there is little opportunity for sail craft to operate safely on Loch Leven and without the risk of disturbance to waterfowl. Proposed guidance Please do not sail, windsurf or use similar craft on the loch. Sails are very visible and can cause too much disturbance to birds when moving fast across the water. The loch is also too shallow in parts for sailing boats.
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