Countryside and Rights of Way (CROW) Act 2000 REVIEW OF STATUTORY DIRECTION(S) SUMMARY FOR PUBLIC CONSULTATION Prepared by Dartmoor National Park Authority 1. INFORMATION ABOUT THE PUBLIC CONSULTATION Access Authority: Dartmoor National Park Authority Relevant Authority: Dartmoor National Park Authority Local Access Forum: Dartmoor Access Forum Dartmoor National Park Authority is about to review the following direction: Land Parcel Name: Direction Reference: West Dart River Valley 2005050806 This is in line with the relevant authority’s statutory duties (see Annex 1). Your views on the current direction are sought to assist Dartmoor National Park Authority in deciding whether the restriction is still necessary for its original purpose; and if so, whether the extent and nature of the restriction is still appropriate for the original purpose. The relevant authority may decide that no change is necessary in which case a Consultation Outcome Report will be published on the Consultation Pages of the Government’s Website1. If the relevant authority decides to vary the extent or nature of a direction or revoke it, a further round of public consultation may be necessary (see Annex 1) in which case a second Consultation Summary Report will be published. 1 https://www.gov.uk/government/publications?publication_filter_option=consultations. To access the consultation enter “Open Access” into the free text box titled “Contains” and then filter by “Natural England” in the Department drop down. 1 2. SUMMARY OF EXISTING DIRECTION(S) Land Parcel Name: Direction Dates of restriction on Reason for Ref. existing direction: Exclusion West Dart River 2005050806 28/08/2005 to 31/12/2999 Sensitive Valley Wildlife Dartmoor National Park Authority made this long term direction on 06/12/2013. A short summary is provided below giving the background to the direction. This should be read in conjunction with the other associated documents sent as part of this consultation. Further information is available from Jennifer Manning, Assistant Access and Recreation Officer, Dartmoor National Park Authority, Parke, Bovey Tracey, Newton Abbot, Devon, TQ13 9JQ, Telephone 01626 831051 or email [email protected] Background Report The Countryside and Rights of Way Act 2000 (CROW) introduced a new right of access on foot to land designated as mountain, moor, heath, down and registered common land. The West Dart River Valley was mapped as open country and in 2005 Dartmoor National Park Authority (as the “relevant authority”) introduced a long-term direction under section 26 CROW for nature conservation reasons. The restriction to exclude dogs was introduced in 2005 following advice from ecologists at English Nature (now Natural England) and Dartmoor National Park Authority who were concerned at the potential for disturbance to sensitive wildlife. The restriction excludes taking dogs onto the parcels of land shaded pink on the accompanying map and applies all year round. Assistance dogs (including guide dogs and hearing dogs) are exempt from the restriction. The restriction was reviewed in 2008, when it was resolved to maintain the current restriction. Under CROW, the Authority as the relevant authority is required to review long-term restrictions on access at least every five years. The process to undertake the review is set out in guidance issued by Natural England. The Nature Conservation Importance of the West Dart River Valley The West Dart River Valley between Two Bridges and Hexworthy is a particularly rich area for wildlife. This stretch of the river valley provides important spawning grounds for salmon and an important habitat for otters to feed and rest. There is anecdotal evidence that otters have bred in the vicinity. Both salmon and otter are qualifying features of the Dartmoor Special Area of Conservation (designated 2 under the UK Habitats Regulations, 2010). Whilst neither the river here nor the surrounding access land are within the Dartmoor SAC, in reviewing this access restriction we are required to have regard to any likely significant effect on relevant Dartmoor SAC features. Otters are strictly protected by the Wildlife and Countryside Act 1981. They are afforded further protection under CITES, the Bern Convention and the Habitats Directive. Salmon are protected under the Salmon and Freshwater Fisheries Act (1975). National Trends in Otter Populations Research by the Environment Agency in 2007 shows that since the 1980’s, otters have increased significantly in numbers and distribution from the lowest point in the mid- to late 1970’s. Systematic national surveys have been undertaken approximately every 10 years. Numbers increased in the 30 years from 1970’s to 2000’s due to decreasing levels of toxic substances in the environment, with Devon and Cornwall being particularly important counties in terms of having the highest populations of otters in the region. The Environment Agency attributes the increasing population in the region to: • Very high water quality • Low levels of disturbance • Extensive semi-natural habitat providing cover along river banks • Numerous wetlands in the headwaters of many streams • Predominantly sheep and cattle grazing, rather than arable farming • Good food supply (coarse fish, eels and salmonids) The fifth national otter survey (EA, 2010) was completed in 2009-10. It confirms that the south-west is one of only two regions in England which have reached their carrying capacity for otters (i.e. that otter numbers are self-regulating and there are few if any unoccupied territories). West Dart Otter Survey 2007 Surveying otters can be difficult and they are rarely spotted in the wild due largely to their nocturnal habits. Surveys are carried out by detecting their presence through looking for spraints (faeces) and footprints. A walk-over monitoring survey in was undertaken by ecologists from the National Park Authority in October 2007. This survey revealed signs of otter activity in 28 locations along the West Dart, confirming that one or more otters are present. Otters mark their territories with spraints, which are still found regularly near Huccaby and Blackbrook bridges as well as elsewhere within the dog exclusion zone. 3 Other signs of regular activity have been noted and with otters and cubs previously seen in the area, it is considered that the river valley supports a stable population of otters. Recent otter survey There has been no systematic survey or monitoring since 2007. The Devon Biodiversity Records Centre coordinates volunteers who monitor otter activity at locations throughout Devon. One of these ‘Operation Otter’ sites is between Two Bridges to Prince Hall, and was surveyed in 2015 & 2016, with otter presence confirmed. There are also a former Operation Otter sites just outside the restriction area, but these have not been checked since 2011. Whilst regular recording of otter spraints can help to build up a ‘snapshot’ of otter activity, it really only confirms that national picture that otters are present at ‘carrying capacity’ and can be assumed to be present throughout the catchment at any time of year. We therefore intended to map and record potential otter habitat, including potential otter holts and laying-up sites. This will provide more robust information to support the review. Signs of otters will be recorded incidental to this habitat survey, for example where the type or frequency of such signs might indicate breeding activity. Otters: Susceptibility to Disturbance According to Natural England guidance, otters will tolerate some disturbance, and bypass activities rather than retreat, but they are very sensitive to disturbance by dogs. A comprehensive review undertaken by the Environment Agency found that young otters can be killed by dogs. Otters breed all year round and during breeding and raising cubs, females are far more sensitive to disturbance than male otters. Holts known to be used by females for breeding tend to be more secluded and secure. In order to provide some context, the best estimates are that male otters hold territories of up to 18km of river, with females using about 11km. Actual territories will include side streams, ditches, ponds and wetland, and will depend on the available food resources. A female otter with dependent cubs is reliant on a relative shorter section of river and thus is more vulnerable to localised disturbance. Non-breeding animals may travel much more widely within and between catchments, and are thus less likely to be affected by localised recreational disturbance. 4 Salmon habitat and susceptibility to disturbance The entire length of the West Dart, the Blackbrook and Cherry Brook tributaries are considered by EA to provide potential spawning for salmon. Prime spawning habitat has been identified by EA specialists on the Cherry Brook, on the West Dart for 1km downstream of the confluence with the Cherry Brook, and a 1.5km reach downstream of Two Bridges. This was based on EA field survey and expert judgement, and mapped by DNPA in 2002. Records of salmon numbers from EA and other fish population monitoring may be less useful because so many factors can affect salmon numbers on the Dart and other Dartmoor rivers in any given year. We know that the status of this section of river for fish is considered good under Water Framework Directive (EA, 2016). The Westcountry Rivers Trust carry out systematic survey of salmon and trout throughout the whole Dart catchment. The latest (2017) results confirm that West Dart Stepping stones (where the Swincombe joins the West Dart) is consistently one of the best performing spawning areas on the Dart catchment, with good results also from the lower Blackbrook River and the West Dart at Prince Hall (Westcountry Rivers Trust, 2017). In considering the implications of dog access for salmon, the potential risk would be if there are regular spots where dogs might be allowed to enter the water and, in doing so, cause damage to the bank or bed of the watercourse, or disturb fish.