ENVIRONMENTAL CODE OF PRACTICE
Habitat Management
Overview
Those organisations which lease or are based on the waterside,
particularly inland sites may be affected by a number of habitat
management issues. These may be due to conservation designations,
planning regulations, surrounding trees or the development of algae
blooms and weed affecting the use of the water body.
Land designated as SSSI
Sites of Special Scientific Interest (SSSI) are designed to
conserve and protect the best wildlife, geological and
physiographical heritage for the benefit of present and future
generations. They are designated under the Wildlife and Countryside
Act 1981 as amended by the Countryside and Rights of Way Act
2000.
Notification of an SSSI will include a statement of the nature
conservation agencies views about the management of the land, as
well as a list of potentially damaging operations that may be
harmful to the special interest. If the owner or occupier wishes to
carry out any of these operations they must first obtain consent
from either Natural England (NE) or Countryside Council for Wales
(CCW). The agencies then have 4 months to consider all options.
They may permit the operations (with or without conditions) or may
refuse consent. The owner or occupier may appeal to the Secretary
of State if consent is refused. NE may also choose to negotiate a
management agreement for the positive management of the land for
nature conservation.
Many of our inland and coastal waters are adjacent to or
incorporate areas that are designated as SSSIs. This does not mean
that activities should cease, it means that the area has a special
value which should be conserved and which it is an offence to
actively damage or destroy.
Natural England (NE) has produced a
guide to the management of SSSIs, which is particularly useful.
The guide states that the management of these areas should reflect
the general principles of sustainable development set out in the
government’s strategy and that Natural England should develop
mutually supportive and constructive relationships with land
managers and with public bodies to secure positive management. By
January 2006, every owner or occupier should have a short but clear
statement of the proposed management requirements for the SSSI
providing the basis for future discussions and decisions.
Wind sheltering from surrounding trees
Trees surrounding inland water bodies can cause problems with
sheltering and may need to be controlled either by lopping,
topping, pollarding or even felling. Works to trees can raise
concern from adjacent landowners and it would always be wise to
consult widely, explaining what is planned before carrying out any
works or applying for relevant permissions.
You will normally need a felling licence from the Forestry
Commission to fell growing trees. In certain circumstances you may
also need permission from other organisations. This sometimes
applies even if you do not need a felling licence. If there is no
licence or other valid permission or the wrong trees are felled,
anyone involved can be prosecuted under the Forestry Act 1967 as
amended.
You do not need permission from the Forestry Commission if you
fell less that 5 cubic metres on your property and sell less than 2
cubic metres. You also do not need permission from the Forestry
Commission for lopping, topping, pollarding and felling small
trees, more details can be found in the Forestry Commission booklet
Tree
Felling: Getting Permission
The Forestry Commission booklet also explains other controls on
felling of trees which you may need to take into account.
A Tree Preservation Order (TPO) is made by the Local Planning
Authority (LPA) usually a local council to protect specific trees
and woodland from deliberate damage or destruction. TPOs prevent
felling, topping, lopping or uprooting of trees without permission
from the planning authority.
You are likely to require a Felling Licence from the Forestry
Commission if you are in a Conservation Area. You must also give
the local authority 6 weeks notice before work is to be carried
out. The work must then be completed with 2 years of date of first
giving notice.
If you want to carry out work that may affect a Site of Special
Scientific Interest (SSSI) you must tell Natural England, Scottish
Natural Heritage or the Countryside Council for Wales in writing so
that they can assess the likely effect. A letter of consent may be
required.
Blue-green algae
Blue-green algae (cyanobacteria) are natural inhabitants of many
inland waters, estuaries and the sea. When the numbers of
blue-green algae are not excessive they, together with other algal
groups, are important contributors to the aquatic biology of
natural waters. However, under certain conditions, the algae may
form a bloom and result in a scum forming. The type of
cyanobacteria that form these blooms and scum are capable of
producing toxins that can prove harmful to humans and animals.
Typical symptoms may be skin rash, headaches, fever, diarrhoea,
nausea and vomiting.
How to recognise blue-green algae
The algae sometimes make water seem green in colour or sometimes
form a blue-green scum on the surface of the water, they can also
produce musty, earthy or grassy odours. In fresh water they are
found in suspension and attached to rocks and other surfaces at the
bottom of shallow water bodies and along the edges of lakes and
rivers. During calm weather, blue-green algal blooms can rise to
the water surface to form a scum, which may look like paint, jelly
or floc.
Who is at risk?
Risk of exposure to toxic algae in descending order of risk:
1. Swimmers, paddlers, dogs, children playing and fishermen
using the bank and water’s edge
2. Windsurfers whose level of competence puts them at risk of
being blown into areas of algal scum or being immersed
3. Dinghy and catamaran sailors, canoeists, competent
windsurfers for prevailing conditions
4. Fishermen fishing from boating or pontoon, pleasure
cruisers
Legal requirements
The COSHH Regulations 1999 apply to work with, or involving,
exposure to blue-green algae. COSHH assessments should include the
risk of exposure to algae where appropriate, and means of
preventing exposure.
Management of an algal bloom
The development of a blue-green algae bloom depends upon local
conditions and site specific characteristics. In addition, where a
water body is enriched with nutrients that the algae require for
growth, then blue-green algae populations can grow rapidly, forming
a bloom. Algal scum can form quickly on calm days, but can disperse
rapidly, or move if wind and wave action increases.
If you are concerned that your water body is affected by a
blue-green algae bloom you should contact the Environment
Agency/SEPA who will arrange for a sample of the water to be taken
and analysed. If the sample proves positive, users should be
informed and signs posted. Once analysed, the Environment
Agency/SEPA will contact you directly. In addition, they will
contact Local Authority Environmental Health Departments, Health
Authorities, and DEFRA. Environmental Health will advise on the
necessary precautions which should be taken to protect those using
the water body.
Dinghy or sailing activities may still be able to take place
provided certain conditions have been met. Risk assessments should
be undertaken.
The following good practice advice is recommended:
1. To avoid any legal liability on the club or school in the
event of any damage, illness or death, every person wishing to sail
on potentially affected water may be required to sign a declaration
at least once in each sailing season.
2. Undertake a risk assessment to ensure that activities taking
place are safe to do so. When water is affected by algal scum the
following categories are at particular risk – paddlers, trainees
doing capsize drill, swimmers (including immersion sports), small
children, pregnant women, domestic animals (if allowed to play in
the water, or to drink it).
3. On a lee shore on a windy day algae and scum can be found at
some distance from the water – keep activities away from these
areas.
4. Dinghy sailors and windsurfers should wear clothing which is
close fitting at the wrists and neck, also boots and sailing suits
which fit into the tops of their boots to minimise contact with
algae or algal scum
5. Minimal time should be spent in shallow water launching and
recovering boats and boats and launching/ recovery should be in
areas away from thick aggregations of algae or scum
6. Provide wash down facilities outside to avoid algae and scum
being brought into changing rooms
7. Patrol the water by a safety boat whenever tuition is taking
place.
8. Provide adequate information on notice boards
Aquatic weed management
One of the most common nuisance weeds that cause problems in
sailing lakes are Canadian and Nuttals pondweed which originates
from America. Both species will have been introduced into the
system and the type of weed arising probably depends on the amount
of eutrophication. Identification of the weed may be important to
decide on the appropriate form of treatment which essentially falls
into chemical or mechanical options.
In sailing lakes, chemical treatment has been used but tends to be
prohibitively expensive. There are several mechanical options
available from specifically designed weed cutting boats to clubs
designing and constructing their own mechanisms dragged behind a
club boat.
The Centre of Ecology and Hydrology have produced a
list of information sheets for the control of aquatic &
riparian plants.
Legislation
There are several pieces of legislation that affect the
management of water bodies. The recently implemented Water
Framework Directive covers all water bodies, whether natural or
artificial and is concerned with reaching good ecological status.
The directive includes an assessment of water bodies affected by
‘alien species’. Water bodies at risk of failing to meet standards
will be subject to a programme of measures. River Basin Management
Plans will be developed to tackle the management of the water
bodies. Part of the Directive requires stakeholder involvement,
which could result in positive progress in the management of these
introduced species.
Chemical treatment by the application of herbicides in or near
water is regulated by the Control of Pesticide Regulations. Users
must be trained and licensed in the application of these herbicides
and written permission from the relevant environment agency is
likely to be required. Contact your local agency office for
details.
Chemical treatment
Chemical treatment may be an option for small areas of the lake
and application must be done by a licensed person. It generally
takes several weeks to take effect. However it is probably cost
prohibitive on the scale of a sailing lake. Chemicals such as
Terbutryn and Diquat were used to some success but have since been
withdrawn from use. Glyphosate can be used on emergent and floating
weeds and 2.4-D amine is recommended for emergent broad leaved
weeds.
Barley straw can also be used on algae. Whilst it is not a
herbicide it releases a naturally occurring chemical which as it
rots acts as an algaecide. Barley straw has been found to give
effective long term control of algae without damaging other plans
or aquatic fauna. There are
guidelines available for its use from the Centre of Ecology
& Hydrology.
The UK Technical Advisory Group, which is focussing on alien
species under the Water Framework Directive has produced guidance
on the occurrence of the top 10 invasive water ecosystems. This
guidance can be found under the TAG Guidance link on www.wfduk.org
Mechanical removal
Cutting of Canadian/Nuttals pondweed needs to be undertaken
early in the season with trailing knives or chains. This will limit
the early season growth and give approximately 8-10 weeks control.
If regular treatments are made in this way at 6-8 week intervals
then maximum biomass should not be reached. Some clubs have
constructed their own mechanism that is essentially a ‘V’ shaped
piece of angle iron wrapped with barbed wire, or pulling chains
that is able to rip up the roots and stir up the lake bottom as
much as possible.
If left too late and weed has taken hold it may be more
difficult to cut effectively with club boats. Cutting may need to
be done more frequently, every 3-4 weeks. Blunt saw blades may be
effective as they rip up the weed rather than cut it. Trailing
knives are also available to cut weed when it is denser and can be
pulled on a twisting mechanism that does not clog up so quickly as
a fixed mechanism. However, these tools will require a strong boat
to pull them. Some clubs have invested in specialised weed cutting
boats which are available in the UK and abroad.
You will need EA permission if this is part of a watercourse or
the lake belongs to someone else.
Contractors
There are a number of specialised contractors who can carry out
the weed cutting, chemical application, hire equipment and provide
the necessary training.