Exe Estuary Zonation and Codes of Conduct Review: Project Proposal

Exe Estuary Zonation and Codes of Conduct Review: Project Proposal Exe Estuary Management Partnership Commissioned by:

CONTENTS 1. Introduction 1.1. Exe Estuary Management Partnership 1.2. South East Devon Habitat Regulations Partnership 1.3. Partnership Working 2. Zonation Review 2.1. Proposal for revised zoning on the Exe Estuary 2.2. Proposal for establishment of a Voluntary Exclusion Zone in the estuary north of Dawlish Warren 2.3. Summary: review of zonation 3. Codes of Conduct 3.1. Proposal for improved codes of conduct for specific user groups 3.2. Summary: review of codes of conduct

1. INTRODUCTION 1.1. Exe Estuary Management Partnership The Exe Estuary Management Partnership (EEMP) has existed since the mid-1990s. Due to the complex array of organisations with (sometimes overlapping) management responsibilities for different aspects of the Estuary, a partnership approach is the most effective model by which to achieve consistent management of the Estuary resource as a whole. The EEMP seeks to conserve and enhance the estuary s special nature and promote sustainable economic and social activity by managing competing demands and addressing any conflicts as they arise, to ensure that interests and activities are harmonised. The EEMP is the management group responsible for the delivery of the SPA management scheme. The framework for the co-ordinated management of the Exe is provided by the Exe Estuary Management Plan 2016-2021, which can be found on the EEMP website at: https://www.exe-estuary.org/web/exe-estuary/partnership-documents5 Partners of the EEMP include Devon County Council, East Devon District Council, Teignbridge District Council, Exmouth Town Council, Dawlish Town Council, Starcross Parish Council, Woodbury Parish Council, Natural England, RSPB, Lympstone Fishery and Harbour Association, the RYA, Powderham Estate, the Environment Agency, and Devon and Severn IFCA. An Exe Estuary Officer is employed by the EEMP to act on its behalf. The Partnership retains joint authority for the work through quarterly Management Group meetings, with a Forum Chair and Vice Chair representing the views of the local community as elected representatives. 1.2. South East Devon Habitat Regulations Partnership Teignbridge, East Devon District and Exeter City Councils have established the South East Devon Habitat Regulations Partnership (SEDHRP), to help protect three internationally important conservation sites for future generations to enjoy: the Exe Estuary, Dawlish Warren and the East Devon Pebblebed Heaths. The SEDHRP will off-set the effects of new development and population growth on these conservation sites, providing safe areas for all users to enjoy and caring for the bird populations they support. The SEDHRP working group includes the EEMP, Clinton Devon Estates, Devon Wildlife Trust, the RSPB, Natural England and the National Trust, and funding has come via contributions from developers of new housing across the three council areas, within a 10km zone of influence. The work of this partnership is guided by the South-east Devon European Site Mitigation Strategy, which can be found at: http://eastdevon.gov.uk/planning/planning-policy/environment-and-greeninfrastructure/biodiversity/ and implemented by two Habitat Mitigation Officers and a Devon Loves Dogs Project Officer, overseen by the Habitat Regulations Delivery Manager. The Mitigation Strategy estimates that approximately 30,000 new homes are likely to be developed within the zones of influence, and proposes a package of mitigation measures, both on-site and off-site, that would be necessary to protect the integrity of the sites in respect of this level of future growth and the commensurate increase in recreational pressures.

1.3. Partnership Working In order to mitigate for the potential impacts of new housing development on the Exe Estuary and Dawlish Warren, the EEMP is keen to work closely with the SEDHRP. With a history of managing the Exe in a co-ordinated and cost-effective manner, the EEMP is considered to be an effective route to progress with a number of proposed management measures from the South-east Devon European Site Mitigation Strategy. The EEMP have been commissioned to take forward some of the work of the SEDHRP for 2016/17, which include revised zoning on the Exe Estuary, including the establishment of a Voluntary Exclusion Zone (VEZ) in the estuary north of Dawlish Warren, and improved codes of conduct for specific user groups. The following chapters include detail of the proposals for these pieces of work, which directly quote and are informed by the South-east Devon European Site Mitigation Strategy.

2. ZONATION REVIEW 2.1. Proposal for revised zoning on the Exe Estuary: Informed by the Southeast Devon European Site Mitigation Strategy Background Zoning partitions different types of access, determining the overall distribution of visitors on land and water, in both time and space. Zoning is positive in that it creates dedicated areas for particular activities, rather than limiting access. There are numerous examples from around the UK coast of zones for particular water based activities, such as water-skiing or kitesurfing. These zones are often set out in codes of conduct, usually developed with local users and user groups. The codes of conduct are sometimes also linked to byelaws, and the implementation of the zones is often driven by safety issues rather than with the aim to minimise disturbance. Clubs can address a wide range of issues and adapt quickly to change, particularly where members communicate through forums and electronic discussion rooms. Working with local groups or clubs is a good way to resolve a lack of awareness or to highlight conservation issues or coastal byelaws. Clubs can provide a means for getting information across and help implement any zoning if they have been involved from the outset. Zones are usually established to reflect local conditions, safety issues and site specific factors, and there appears to be little information available to recommend sizes of zones, the space needed for particular activities, etc. There are existing zones for particular activities on the Exe Estuary. Details of these zones can be found on a range of different websites, leaflets and signs. There are a number of issues with the current zones, according to the mitigation strategy: They are mapped differently on websites and in various leaflets. For example the existing code of conduct for kitesurfers shows a voluntary exclusion zone between Exmouth and Lympstone that is markedly different from the zone mapped on the Exe Kiteboarders website. They are not communicated to users very well. There is little information available as to how and why the zones have been established, meaning users have relatively little understanding of why they are there. There is relatively little enforcement of the use of particular zones, for example water-skiing frequently takes places in the upper parts of the estuary. There are some overlaps with different zones which creates a potential conflict between users, for example the dedicated water-ski and powerboating areas shown in the Exe Activities leaflet both overlap with the buoyed voluntary exclusion area for kitesurfing.

Aims Suggested zones as detailed in the Habitat Regulations mitigation strategy are: A dedicated kitesurfing/windsurfing zone off the Duck Pond. The zone would ensure kite/windsurfers were not going up the river and ensure the area disturbed by such activities is minimised. The kite/windsurfing voluntary exclusion zone to be reviewed to explore whether it should be discontinued if a dedicated kitesurfing/windsurfing zone is created, or whether the voluntary exclusion zone should be extended to all users. The necessary area of zostera bed should be covered by the zone. The powerboating zone is positioned accordingly to ensure no overlap with the kite/windsurfing voluntary exclusion zone. The use of the powerboating zone should be for the period 1 April to 1 September only. The existing water-skiing zone positioned in approximately the same place, slightly modified to fit alongside the kite/windsurfing voluntary exclusion zone. Off the Exmouth Seafront a line indicating a western limit for all watersport / personal water craft / boating activities, ensuring the areas around Dawlish Warren/Warren Point and off-shore are undisturbed. A dedicated zone (all year round) for personal water craft remaining in the current location. Any additional zoning needs should be explored. These zones can be shown clearly on a single map and can be designed so as to provide space for users while also ensuring key areas for birds (such as the mussel beds, zostera beds and freshwater channel near the Duck Pond) are outside the zones. The zones should be backed up within the byelaws and a clear explanation provided for why they are necessary. The zones should be marked with buoys in the estuary where possible and details of the locations circulated among estuary users. Zones should be promoted through codes of conduct and through future work that the EEMP proposes it takes forward with signage, interpretation boards and leaflets. Dawlish Warren A voluntary landing zone is currently used at Warren Point to restrict visitors to Soft Sand Bay. The water users code of practice at Dawlish Warren should be included in the review and options to restrict landing of craft on Warren Point should be explored in depth.

2.2. Proposal for establishment of a Voluntary Exclusion Zone in the estuary north of Dawlish Warren: Informed by the South-east Devon European Site Mitigation Strategy Background The intertidal area to the North of Dawlish Warren is the most important high-tide roosting site in the Estuary. It is proposed that a Voluntary Exclusion Zone is established in the estuary and covers the intertidal mudflats and saltmarsh owned by the Devon Wildlife Trust. This area is significant for a high proportion of the Estuary s brent geese, oystercatchers, bar-tailed godwits, wigeon and teal birds in providing both a feeding area at low tide and is of particular importance in providing a high tide roosting area. As a result of coastal changes at Dawlish Warren foreshore and rising sea levels, undisturbed high tide roosts in the estuary are becoming increasingly difficult for birds to find. Aims Identified in a report by the Exe Estuary Management Partnership, informed by the Exe Estuary Recreational Framework, the opportunity exists as part of an overall revision of zones to create a largely undisturbed high tide roost in an area aligned to the boundary of the National Nature Reserve. This will provide a refuge of significant importance for overwintering birds against increases in recreational activity. The report does, however point out that the area is well used by crab tilers and bait diggers, with more than 4500 tiles laid within the proposed boundary. Considered negotiations with crab tillers and bait diggers will be required, regarding the extent & timing of their exclusion from the area. There should be no new crab tiles laid and existing tiles in the existing IFCA exclusion zone should be removed, unless the process of removal is shown to be more damaging to the intertidal area. The Exe Disturbance Study by Footprint Ecology (2011) states The parts of the estuary with the lowest levels of access (the Bight to the north of Dawlish Warren and at Powderham) are also the parts of the estuary with the highest bird counts. Furthermore, results from the study show that Bait digging on the intertidal, dog walking with dogs off leads on the intertidal, walking on the shore and intertidal and kitesurfing are the activities which account for the majority of major flight events. Any plan to establish a Voluntary Exclusion Zone in this location will need to take into account the existence of Eales Dock, which is a small, privately owned dock at the end of Shutterton Creek, on the landward side of the railway. Research shows that there is established use of the site as a dock and that the current owner is looking to develop the business. Careful negotiation with the owner will be required in order to ensure that any potential disturbance by water craft launching from here is minimised. This might include the distribution of a code of conduct for water users that use the dock, if necessary. It is proposed that all recreational activity within the Voluntary Exclusion Zone would be restricted all year round, with the exception of allowances for water craft

accessing Eales Dock (launching/recovery exclusion for 2 hrs either side of high tide). Objectives, recommendation/proposal and required outcomes 1. The EEMP is commissioned by the SEDHRP to revise zones for water activities on the Exe. These zones are to very closely adhere to those recommended in the mitigation strategy or for alternatives to be suggested, with sound and clear reasons given. The cost of buoy markers, will also be explored, but is likely to require additional funds, particularly if large areas of the estuary require buoys to highlight zones. Ongoing maintenance costs of the buoys will also need to be taken into consideration. The EEMP will work with user groups to identify the new zones. In order to achieve the objectives of the SEDHRP, revised zones must function to serve the protection of SPA features. Zones to be shown clearly on a single map and be designed so as to provide space for users while also ensuring key areas for birds (such as the mussel beds, zostera beds and freshwater channel near the Duck Pond) are outside activity zones. The revised activity zones should be backed up within the byelaws (detailed in the mitigation strategy) and clear explanation provided for why they are necessary. The zones should be marked with buoys in the estuary where possible and details of the locations circulated among estuary users. Suggestions for monitoring the effectiveness of zones on the estuary is also required. 2. In recognition of the area as the main roosting site on the estuary, a Voluntary Exclusion Zone is to be established to the north of Dawlish Warren, aligned to the NNR boundary. The EEMP will liaise with key stakeholders, for example, Devon Wildlife Trust, crab tilers, bait diggers, D&SIFCA and Eales Dock. A safe, clear, buoy or other marking system is required to establish the area visually, the funding for which would need to be explored. Ongoing maintenance costs of the buoy or marking system will need to be taken into consideration in the longer term. After the area has been established, close monitoring will be required to see if it is working. If it is not, an Exclusion Zone protected by statutory legislation should replace it. This monitoring will be undertaken via mitigation wardens, supported by other organisations such as the EEMP and volunteers.

2.3. Summary: review of zonation The recommendations from the South-east Devon European Site Mitigation Strategy provide a useful starting point for consultation with user groups. To avoid potential user conflict, no zones should overlap where possible. Some degree of flexibility is required to allow user groups to help define their activity zones, providing Voluntary Exclusion Zones are protected and space is allowed for other users and safe navigation. Following a number of meetings of the South East Devon Habitat Regulations Partnership Officer Working Group, the following proposals were put forward to take to the initial Exe user group consultations. Exmouth Voluntary Exclusion Zone The same area as the existing Kitesurfing Voluntary Exclusion Zone (from current northern boundary in estuary to Duck Pond, but extended to all users during low tide when the Brent Geese are feeding on the eelgrass (Sept-Dec). To include: Kitesurfers / Windsurfers SUP Kayakers, Canoers Dogwalkers Bait diggers / Crab tilers Etc. Boats are OK to use this area at high time when the feeding ground (eelgrass) is covered (i.e. two hours either side of high tide). Dawlish Warren Voluntary Exclusion Zone New Voluntary Exclusion Zone proposed, within the existing boundary of the National Nature Reserve. The Dawlish Warren SSSI condition assessment particularly highlights that bird declines at the Warren, an important high tide roost, may be the cause of declines across the estuary, thus indicating that suitable, good quality high tide roosting sites may be critical to the ecological integrity of the SPA. This is the only new area that we re proposing for protection of the bird species of the Estuary.

3. CODES OF CONDUCT 3.1. Proposal for improved codes of conduct for specific user groups: Informed by the South-east Devon European Site Mitigation Strategy Background Codes of conduct set out clearly how users undertaking a particular activity should behave, and are most relevant to sporting activities, including watersports. Where there is plenty of space, relatively few users and few conflicts, there is unlikely to be a need for any agreed code of conduct. Developing good, clear codes with user groups ensures that safety issues, insurance, consideration of other users and nature conservation issues can be accommodated, ensuring users can enjoy their chosen activities while minimising any impacts. Codes of conduct are particularly relevant where there are a wide range of users, potentially not linked to a particular club, and a range of complicated issues, or where multiple activities overlap. Casual visitors, who visit a location sporadically, are unlikely to be fully informed of all local issues and politics. A code of conduct serves to set out where there are particular issues and provides the user with all the information they need to undertake their chosen activity safely, within the law and without creating conflict with others. Codes of conduct can be established by directly working with local users, even by the users themselves. Codes are likely to be most effective where they are developed with stakeholders and are not overly restrictive. One of the key issues with codes is ensuring that they are read and circulated widely and that visitors are aware of them. Getting people to sign up to voluntary codes of conduct is potentially tricky and may be difficult to achieve where many users are ad hoc, casual visitors and where there are multiple access points (i.e. no central location at which users can be intercepted). There are existing codes of conduct for the Exe Estuary. In reviewing these existing codes of conduct there is a clear opportunity to produce a new set of codes. The existing information for particular users is not easily accessible and there is relatively little guidance on how to reduce disturbance. Aims For kitesurfing/windsurfing, jet skiing, sailing, power boating, water skiing, canoeing, crab tiling, bait collection/shellfishing, and dog walking clear codes of conduct are required for the Exe Estuary and offshore area. The codes should be established through close working with the local clubs and they will need to be reviewed and promoted regularly. Codes will need to be clearly set out, available through local clubs, incorporated into club websites, circulated to all relevant forums/new members of clubs, etc. and set out on signs and other material (e.g. leaflets) as necessary. The codes will be consistent in how they look and in their content, so it is clear they are fair and instantly recognisable. They will have a brief section on the bird interest and other relevant background so it is clear to users why they are expected to

behave in a particular way. The codes should also include information relating to safety, other users, etc. For example: Kite/windsurfing: details of zones, a requirement to only use the Duck Pond zone from 1 September to 1 April so that kite/windsurfing does not take place in the rest of the estuary during this period; to maintain distance from Dawlish Warren all year round; a requirement to only use the Duck Pond area 2 hours either side of high tide; clear guidance on where users should set up their equipment; and a requirement to not be out on the water in prolonged cold weather. Jet Skiing/PWC use: a requirement to keep outside the estuary, launching from Exmouth and staying at sea or around the mouth of the estuary; no use of the area around Dawlish Warren and no landing within the NNR; promotion of the dedicated zone; and requirement to keep below 10 knots within the harbour limits. Sailing: clear guidance on location of roosts and a requirement to avoid sailing close to roost sites (a 200m buffer should be drawn around roost sites); a requirement for all races and events between September and March to take place only at high tide. Powerboating: clear guidance on zoning, with the existing powerboat zone boundary modified to ensure no conflict with kite/wind surfing; a requirement to use only at high tides (above 3.8m) and during the period 1 April to 1 September; at all other times within the estuary a requirement to be below the 10 knot speed limit; clear guidance on the location of roosts and a requirement to avoid roost sites (a 200m buffer to be drawn around roost sites). Waterskiing/wakeboarding: clear guidance on zoning, with the existing zone boundary modified to ensure no conflict with kite/wind surfing; a requirement that waterskiing/wakeboarding only takes place within the dedicated zone; for use of the zone to only take place 2 hours either side of high tide; with the time restriction only applied from 1 September to 1 April. Canoeing: guidance on where to canoe, requesting users to stick to the main channel within the estuary and a map shaded to show the main channel; the map should show the Clyst, the Bight, Shutterton Creek, Cockle Sand and Lympstone Lake as areas which canoeists should avoid between 1 September and 1 April; the map should highlight areas where canoeists can launch/land without likely disturbance; a requirement to avoid roost sites (the mitigation strategy suggests a 200m buffer drawn around roost sites). Crab tiling: as with the existing code, a requirement not to increase the number of tiles; to ensure tiles are low; not to undertake with a dog; and only to operate within the current zone (shown on a map). Further liaison is necessary regarding the proposed Voluntary Exclusion Zone, with the expectation that the area will not be used at all for some, if not all of the winter months. Bait digging and cockle raking: the code should require bait diggers to back-fill and dogs to be on leads; and should give a map/guidance on where to go with digging/raking allowed in areas away from the Duck Pond (i.e. avoiding the zostera beds), away from the Bight/Shutterton Creek and away from the north of the estuary above Starcross Yacht Club. As with crab tiling, further liaison is necessary regarding the Voluntary Exclusion Zone. Dog walking: a requirement for dogs to be on leads below MHWM inside the estuary during 1 September to 1 April; requests that dog walkers keep to the back of the

shore/avoid key areas for birds (a map should be included); guidance that dog walkers should avoid roost areas and take note of signs, etc. around roosts; a requirement that dog walkers should not let their dogs chase birds or other wildlife. Messages within this code should be consistent with other local sites (Pebblebeds and Dawlish Warren) and also should link with the dog project and byelaws. A general code of conduct for all users should also accompany the above, and provide further general guidance such as avoiding putting birds to flight, avoiding activities (1 September - 1 April) around the shore/foreshore that will cause disturbance, such as kite flying, model aircraft flying and driving on the foreshore. This guidance should also provide a more general environmental section, promoting environmental awareness and sustainability issues, e.g. not leaving litter, helping with beach cleans, etc. What is in effect a code of conduct for Dawlish Warren is published on the internet, together with a guide for water users, a guide for anglers and information for dog walkers, all in leaflet form. It is proposed to create a specific code of conduct for the reserve and increase the prominence of this information with the aim of increasing visitors awareness of the vulnerability of the site and the measures they are personally responsible for to help safeguard it. The code will: Highlight areas where particular activities are/are not permitted (such as dogs off leads) Highlight activities which are not permitted (e.g. barbeques) Explain temporally variable requests (e.g. avoiding walking along the shoreline at high tide) Include specific requirements such as not feeding livestock and not leaving litter Sufficient information should be included within the code for visitors to be able to understand the requirements. For example, wardens on site have become aware that visitors are not necessarily aware of the tidal cycles and so do not recognise the state of the tide during their visit. Therefore information needs to include visual aids e.g....at high tide when the water is at or above the fenceline indicated on the map Written in a friendly style, and briefly explaining the reason behind each point, the code of conduct is to be included on interpretation panels, the website, in the reserve leaflet, and in the proposed Dawlish Warren newsletter as a reminder for regular users. It will also be made available on the ExePlorer water taxis that run trips to Warren Point in the summer to ensure that visitors who may not reach the visitor centre are aware of it. As part of the visitor management plan, it will need regular reviewing depending on changes at the site brought about by coastal geomorphological processes. It will be most effective if the Dawlish Warren code of conduct is included with the ones for the Exe Estuary, such that there is a specific general code for Dawlish Warren, that includes a detailed map of the site and site specific information, but that is produced in the same style as the Exe Estuary codes. The development of this code will require close working with Teignbridge District Council Countryside Rangers based at Dawlish Warren and the Devon Wildlife Trust.

Revised codes of conduct should be produced in a consistent way for all main activities on the Exe Estuary and at Dawlish Warren. These codes should be similar in design and wording, and should work together (but not necessarily be branded in the same way). They should address safety issues, consideration for other users and conservation issues and be developed with users. After the codes of conduct are developed they will be closely monitored to ensure they are working. Once the codes are completed, and alongside the monitoring data, it should be possible to review the byelaws and ensure a mechanism is in place for the codes of conduct to be enforced. If monitoring data reveals that codes of conduct are not working then enforcement would be necessary. At the same point it would be necessary to consider whether a permit system should be established for particular activities such as kitesurfing and personal water craft use. Recommendation/proposal and required outcomes That the EEMP produces revised codes of conduct for the Exe Estuary and Dawlish Warren. The Exe Estuary Officer to work with the Delivery Officer to produce the following separate codes which together form a pack: kitesurfing/windsurfing, jet skiing, sailing, power boating, water skiing, canoeing, crab tiling, bait collection/shellfishing, dog walking, angling, Dawlish Warren and a general code covering all users. The work will involve close liaison with local clubs for all main activities on the Exe, close liaison with Teignbridge District Council Countryside Rangers and the Devon Wildlife Trust, design work for producing leaflets (final design to be agreed with Officer Working Group), ensuring revised zones are included; a final print run of codes; incorporation on the Exe Estuary Management Partnership and proposed dog project websites and promotion through local recreational clubs and businesses. Once concluded, both the revised zones and the codes of conduct will inform the design of new interpretation boards for the estuary and updated versions of the EEMP leaflets. 3.2. Summary: review of codes of conduct A set of 10 codes of conduct created / updated for users of the Exe Estuary. One combined code to cover Dawlish Warren. Include zone map for water activities (where appropriate). Promote codes of conduct through interpretation, leaflets, websites, newsletters, user groups and local businesses.