In reply to colin struthers:
Hi Colin
Apologies that I can't give a comprehensive answer right now, as I'm taking a couple of days off and am hoping to get some climbing done (restrictions permitting of course!!).
Briefly - BMC negotiates with a lot of different conservation bodies and organsiations both at local and national levels on this issue. Much of the detailed negotiations is done by our really experienced and highly committed local volunteer access reps, with support and guidance from the BMC's access officers.
We campaign hard for the "least restrictive approach" to be used by conservation bodies when dealing with possible conflict between climbing and conservation issues. However enshrined in many conservation bodies thinking and philosophy is the "Sandford Principle" which is an established and well used (if a dated and highly cautious approach)which is often mis-used and mis-understood. In practice this is often used to restrict recreational activity unless it can be proven beyond any doubt that the activty will not have a detrimental affect on a particular habitat or species.
We believe that generally this is an out-dated and highly restrictive approach, and at policy and strategic level many conservation bodies agree.
However as BMC access officers and our volunteer reps are aware, the local situation can be very different, and varies hugely from organisation to organisation and between diferent parts of the UK. For instance there are very few formally agreed restrictions in Snowdonia for nesting Peregrines or Choughs, even though they are Schedule 1 protected birds, and are reasonably abundant in climbing areas.
The issue seems more complicated on outcrops/inland quarries and some sea cliffs, and often we are negotiating with a local bird group or conservation trust, who are understandably very protective of "their" birds. It does however make for a highly frustrating and complicated negotiation process, as ultimately the law is absolutely on the side of the birds, and any "disturbance" (even accidental) can be a criminal offence. The defintion of "distrubance" seems to vary from actually disturbing the nest to simply walking below the crag, if that affects the birds "normal activity". In some parts of the country climbers have been threatened with prosecution by wildlife police oficers for simply walking past a crag with nesting peregrine, while in other areas, on South Stack for instance (an RSPB reserve and an SSSI)a much more informed approach is taken (there are both choughs, peregrines and auk colonies on Main Cliff Gogarth, but current informed thinking is that in this location a restriction on climbing is not neccessary).
It is very true that each and every case involving peregrines is different - and the area and extent of a restriction to prevent disturbamce can vary as the season progresses. Each individual bird seems to have its own level of tolerance to human disturbance,and this varies depending on the age of the bird, its past experiences of disturbance, the stage of nesting, etc. but I'm sure that some of the restrictions are overly cautious and I can assure you that we are always questioning the extent and need for these restrictions.
The organistions with ultimate responsibility for enforcing and implementing the wildlife laws are Natural England and Countryside Council for Wales, but locally they frequently take their lead from local voluntary organsiations (RSPB, Wildlife Trusts, Raptor grpoups, etc.).
The duration of the restrictions also varies across the UK, as in some areas the birds nest sooner than in other areas, and in some areas might even attempt to lay a second clutch of eggs late in the season (especially if they were distrubed early on, or poor weather affected the nesting.
Conservation bodies are reluctant to lift restrictions early, as the reality is they often just don't know the nesting/fledging status of the birds on some of these sites, especially on the complicated sea cliffs, and insist on having a restricted period until they are absolutely sure that the birds have fully fledged.
Where there are dedicated professional conservation officers (e.g. Pembrokeshire) or really good qualified and licensed conservation volunteers (Clwyd Limestone) the restrcitions are often lifted early, simply because they have the rescources to monitor these particular sites.
There are many different reasons for each and every agreed restriction - and currently the law is firmly on the side of the birds, and with recent changes to European Habitats and Species regulations, even more so. The situation in the UK is considerably better than in most European countries. Many of the main climbing sites in the UK have some form of conservation designation, whereas on mainland Europe such designations have been used to completely restrict any recreational activities. We are very fortunate that is not the case in the UK, partially due to the informed approach taken by negotiated access, the superb history of compliance by climbers of the voluntary agreements and the general support and understanding from most climbers of the desire to protect these species.
And I thought I was only going to give a brief response, but it does show that it's a hugely complex issue!
Elfyn Jones
BMC Access & Conservation Officer (Wales)