Lindisfarne National Nature Reserve: Byelaws & Codes of Conduct

Byelaws

Lindisfarne National Nature Reserve

The Nature Conservancy Council for England in exercise of the powers conferred upon them by Sections 20 and 106 of the National Parks and Access to the Countryside Act 1949* and all other powers enabling them in that behalf, hereby make the following byelaws for the protection of the National Nature Reserve at Lindisfarne in the Parishes of Holy Island, Ancroft, Kyloe, Middleton, Easington and Bamburgh, in the County of Northumberland. These byelaws revoke those made by The Nature Conservancy and confirmed by the Secretary of State on 23 August 1968.

1. In these byelaws:-

(1) “The Reserve” shall mean the pieces or parcels of land containing in the whole 3380.53 hectares or thereabouts and situated in the parishes of Holy Island, Ancroft, Kyloe, Middleton, Easington and Bamburgh in the County of Northumberland, declared to be managed as a National Nature Reserve by the Declarations dated 15th September 1964, 21st February 1966, 9 December 1969, 10th December 1974 and 14th July 1992 made respectively by the Nature Conservancy, Natural Environment Research Council, Nature Conservancy Council and Nature Conservancy Council for England, in pursuance of Section 19 of the National Parks and Access to the Countryside Act, 1949 and all other powers aforesaid, and the Reserve is for the purposes of identification shown as nearly as may be on the map annexed to these byelaws and thereon shaded and edged green;

(2) “The Council” shall mean the Nature Conservancy Council for England; and

(3) “Firearm” shall have the same meaning as in Section 57 of the Firearms Act 1968.

2. (1) Within the Reserve the following acts are hereby prohibited except insofar as they may be authorised by a permit or licence issued by the Council in accordance with byelaw 3 or are necessary for the proper execution of his duty by an officer of the Council or by any person, or servant of any person, employed or authorised by the Council:

a. subject to the provisions of paragraph (2) of this Byelaw taking, molesting or intentionally disturbing, injuring or killing any living creature;

b. subject to the provisions of paragraph (2) of this Byelaw taking or intentionally disturbing or destroying the eggs, larvae, pupae or other immature stages, or the place used for the shelter or protection of any living creature;

c. subject to the provisions of paragraph (2) of this Byelaw spreading or using any net, or setting or using any lamp or other instrument, or any snare or lure, for the taking, injury or destruction of any living creature;

d. intentionally removing or displacing any tree, shrub, plant, fungus or part thereof, or other vegetation, whether living or dead, or any unfashioned mineral thing including water;

e. intentionally bringing, or permitting to be brought, into the Reserve any living creature, or the egg of any living creature, or any plant, or any seed or any other part of any plant, in such circumstances that it is likely that such creature or plant will reproduce or propagate itself, or such egg will hatch, or such seed will germinate;

f. driving, riding, propelling or leaving any mechanically propelled vehicle (including hovercraft) elsewhere than on a highway or a road, or in a place indicated by a notice as being available for the purpose, or landing any aircraft except in case of emergency;

g. bringing into, or permitting to remain within the Reserve; (i) any dog unless it is kept on a lead or at heel and is prevented from worrying or disturbing any animal or bird, or (ii) any other animal;

h. erecting, occupying or otherwise using any tent, shed or other structure or any vehicle or towed vehicle for the purpose of camping or overnight occupation;

i. lighting any fire, stove, heater or other appliance capable of causing a fire;

j. committing any act which pollutes or is likely to cause pollution of any water;

k. intentionally or recklessly removing or displacing, or negligently defacing, damaging or destroying any notice board, notice exhibited by order of the Council, apparatus, wall, boundary, bank, fence, barrier, railing, post or hide;

l. being in possession of a firearm with ammunition suitable for use in that firearm or discharging a firearm or lighting a firework;

m. projecting any missile manually or by artificial means;

n. erecting or using a camera mounted on a stand or concealing structure for the purpose of photographing or observing any wild animal or bird, or any apparatus for the transmission, reception, reproduction or amplification of sound, speech or images by electrical or mechanical means, except apparatus designed and used as an aid to defective hearing and apparatus used in a vehicle so as not to produce sound audible by a person outside the vehicle;

o. intentionally obstructing any officer of the Council or any person, or the servant of any person, employed or authorised by Council in the execution of any works including research or scientific work connected with the laying out, maintenance or management of the Reserve;

p. digging, collection and/or removal of bait of any description by hand or mechanical means;

q. between 1 April (or Good Friday if earlier) and 31 October inclusive

i. launching a boat into any part of the Reserve other than the watersports area;

ii. carrying a boat across any part of the foreshore not within the watersports area;

iii. taking a boat launched into the watersports area from that area into another part of the Reserve;

iv. taking from the Reserve to the shore adjacent to the Reserve a boat which has entered any part of the Reserve beyond the watersports area;

v. other than within the watersports are, or when taking necessary emergency action, using a boat at a waterspeed exceeding 5 knots;

‘watersports area’ means the area shown hatched on the plan forming part of these Byelaws

qq. between 1 November and 31 March (or Good Friday if earlier) inclusive

i. launching a boat into any part of the Reserve

ii. carrying a boat across any part of the foreshore

iii. taking a boat from the Reserve to the shore adjacent to the Reserve

iv. other than when taking necessary emergency action, using a boat at a waterspeed exceeding 5 knots

In sub paragraphs (q) and (qq) ‘boat’ means any vessel including a sailboard or personal watercraft

r. intentionally leaving items in a place other than a receptacle provided for deposit of litter or refuse.

(2) Nothing in sub-paragraphs (a) (b) or (c) of the paragraph 2(1) of this Byelaw shall prohibit fishing or shell fishing by hand. Fishing or shell fishing by mechanical means is prohibited. For the purpose of this Byelaw, fishing or shell fishing does not include the digging, collection and/or removal of bait which is expressly prohibited at byelaw 2(1)(p).

(3) Nothing in paragraphs 2(1)(q) and 2(1)(qq) of this Byelaw shall prohibit normal access by boat tender to or from the foreshore shown cross hatched on the plan forming part of these Byelaws.

3. (1) The Council may issue permits or licences authorising any person or persons to do any act or class of acts within the Reserve or any part thereof which would otherwise be unlawful under these byelaws; and

(2) Any such permit or licence shall be issued subject to the following conditions;

a. that it shall be valid only during such period as may be specified therein;

b. that it shall be valid only in such part of the Reserve as may be specified therein, or, if no part is specified, in the whole area of the Reserve;

c. that it shall be valid only in respect of such person or persons as may be specified therein;

d. that it shall be valid only for the purposes specified therein;

e. that it must be carried whenever a visit is made to the Reserve by the person or persons specified therein, and produced for inspection when required by a person duly authorised by the Council in that behalf; and

f. that it may be revoked by the Council at any time.

4. These byelaws shall not operate so as to interfere with the exercise by a person of a right vested in him as owner, lessee or occupier of land in the Reserve, or with the exercise of any public right-of-way or of any private easement or profit a prendre of which he is entitled; or of any function of a local authority, statutory undertaker, or of a water authority or other drainage authority, or of the Commissioners appointed under the Tweed Fisheries Act, 1857; or by a constable or a member of the armed forces, or a member of the coastguard or of any fire brigade or ambulance service in the performance of his duty.

5. Any person who offends against any of these byelaws shall be liable on summary conviction to a fine on level 2 as laid down I the Criminal Justice Act and in the case of a continuing offence to a further fine for each day during which the offence continues after the said conviction.

Brief description of the site

Lindisfarne NNR covers approximately 3380.53 ha (8353.29 acres), with much of the reserve in the inter-tidal zone. The site shows colonisation and succession from open shore to dune grassland. A variety of habitats are present including extensive inter-tidal sand and mud flats, rock pools, salt marsh, sand dunes, cliffs, the freshwater lough, areas of shingle and inter-tidal rock exposures. The site supports locally, nationally and internationally important populations of birds, plants and invertebrates.

Much of the reserve lies at sea level, but the sand dunes attain heights of 25 metres. The highest point is on Holy Island and is approximately 30m above O.D. The underlying geology consists of limestones, shales, sandstones and coal seams of Carboniferous age, but much of the solid geology is overlain with superficial deposits including sand, boulder clay and alluvium. An igneous dyke occurs on the southern coast of Holy Island. A variety of features of geomorphological importance are present including extensive sand dune systems and barrier-type beaches.

Lindisfarne is important for its passage and wintering waterfowl. It supports internationally important numbers of pale-bellied brent geese, greylag gees, bar-tailed godwit, pinkfooted geese, and grey plover.

Given under the Common Seal of the Nature Conservancy Council for England

(Signed) K.W. Duff; Dated 1/12/98

Authorised Member/Officer for and on behalf of The Nature Conservancy Council for England, Northminster House, Peterborough PE1 1UA

The Secretary of State for the Environment, Transport and the Regions hereby confirms the foregoing Byelaws.

Signed by Authority of the Secretary of State,

(Signed) L. Smith

Department of the Environment, Transport and the Regions,

Tollgate House, Houlton House, Bristol BS2 9DJ

Dated 27th May 1999

Codes of conduct

Below are the codes of conduct for photographers and birdwatchers on Lindisfarne National Nature Reserve:

PHOTOGRAPHERS’ CODE

As a wildlife photographer you are valued force for nature conservation. Your good attitude and behaviour will generate the same amongst other photographers and visitors to the reserve.

Avoiding damage and disturbance

Photographers should be familiar with the natural history of their subjects to avoid damaging their interests accidentally. This is especially true of uncommon species and plants. The well-being of the wildlife must, at all times, take precedence over photography.

To fully enjoy the wildlife behaving naturally your presence should not impact on them or their habitats. For example, the use of bait or song tapes to attract birds to the camera is not permitted on the reserve.

Disturbing wildlife may keep birds away from their nests, leaving chicks hungry and cold or allowing predators to take their eggs or young and may prevent seals from resting or feeding.

During bad weather (rain, snow or exceptionally hot sun) repeated disturbance of birds means they use up vital energy and time needed for feeding which can reduce their chances of survival.

Be aware that the NNR has a number of sensitive habitats which should be avoided e.g. the dune slacks.

Any incidental damage to surrounding vegetation, which may include young plants, must be avoided. When microhabitats (e.g. tree-bark, beach rocks etc.) have been disturbed, they must be restored after photography.

No flora or fauna should be removed from the National Nature Reserve. This includes uprooting or picking plants and any form of capture including the use of butterfly nets.

Dogs should be kept on a short fixed lead.

Keeping your distance

Birds flying away, or wildlife making repeated alarm calls, mean that you are too close and if they fly or move away you won’t get a good photograph!

Please stay on roads, paths or desire lines.

Hides offer the best views

Please use the hides – at the Lough on the island, at Fenham-le-Moor and Elwick.

Observing wildlife from within the hides minimises disturbance to the animals and other site users. Optimal views of birds can be achieved by visiting the hides on an incoming tide.

When using the hides, respect other users by keeping noise to a minimum, and not taking up too much space with bulky equipment.

Respect the interests and knowledge of fellow hide users, and freely share your experience and knowledge.

Photos of rare species

If you intend to publish or exhibit an image of a rare species consider the impact of incidentally releasing any information which may indicate its location.

Be aware of the relevant bye-laws (see the back of the signs on the National Nature Reserve). In particular these specify that it is prohibited to;

a) take, molest or intentionally disturb, injure or kill any living creature;

b) take or intentionally destroy eggs, or the place used for the shelter or protection of any living creature.

Any damage to habitat may be illegal on a nature reserve or SSSI, even if the landowner has given permission.

It is an offence to intentionally or recklessly disturb:

a) , a species listed in Schedule 1 of the Wildlife and Countryside Act 1981 while it is building a nest or it is in on or near a nest containing eggs or young;

b) the dependant young of such a bird

c) a notified special interest feature of a Site of Special Scientific Interest (SSSI).

Anything suspicious?

If you see anyone disturbing or damaging either the wildlife or habitat on the reserve, please call the NNR Manager on 01289 381470.

If there is no reply please leave a message, with as much detail about the incident as you can and including a 6-figure map reference if possible.

Thank you for your co-operation

For more information please contact the Reserve Office on 01289 381470

BIRDWATCHERS’ CODE

As birdwatchers you are a valued force for nature conservation. Your good attitude and behaviour will generate the same amongst other birders and visitors to the reserve. Whether your interest is bird watching or photography the interests of the birds must always come first.

Avoiding disturbance

Bird watching is just that – watching birds, so please do not cause disturbance by activities such as flushing.

To fully enjoy the birds behaving naturally your presence should not impact on them or their habitats. Use of bait or song tapes to attract birds to the camera is not permitted on the reserve.

Disturbing birds may keep them away from their nests, leaving chicks hungry and cold or allowing predators to take their eggs or young.

During bad weather (rain, snow or exceptionally hot sun) repeated disturbance means birds use up vital energy and time needed for feeding which can reduce their chances of survival.

Dogs should be kept on a short fixed lead.

Keeping your distance

Birds flying away, or making repeated alarm calls, means that you are too close and if they fly away you won’t get a good view!

Please stay on roads, paths or desire lines.

Bird hides offer the best views

Please use the bird hides – at the Lough on the island, at Fenham-le-Moor and Elwick.

Observing birdlife from within the hides minimises disturbance to the birds and other site users. Optimal views can be achieved by visiting the hides on an incoming tide.

When using the bird hides, respect other users by keeping noise to a minimum, and not taking up too much space with bulky equipment.

Respect the interests and knowledge of fellow-birders, and freely share your experience and knowledge. Please use the observation books in the hides to record your sightings for others to enjoy.

Personal hides are not allowed on the National Nature Reserve.

Group birding and rare birds

Please keep group sizes small (no more than 6 people) to minimise any impact on the reserve and so that you don’t interfere with other users.

If you see a rare bird consider the impact of sharing this information, in terms of increased visitors, the risks to the bird for example from egg collectors or persecution as well as the risks to other sensitive species on the reserve such as breeding terns, wading birds or rare plants.

On the National Nature Reserve always inform the Site Manager when first sighting a rare bird.

The law

Be aware of the relevant bye-laws (see the back of the signs on the National Nature Reserve), especially those relating to birds and their eggs. In particular these specify that it is prohibited to;