National Access Forum - 14 February 2024
Agenda and papers for 62nd meeting on 14 February 2024.
Agenda
National Access Forum – 62nd meeting on Wednesday 14th February 2024, 10:30 – 13:20
Hybrid meeting – In-person at Battleby and Virtual via MS Teams
- Welcome, introductions and apologies – Don Milton – 10:30 - 10:45
- NatureScot CEO – Francesca Osowska – 10:45 - 11:25
- Charging for access/access for education – Don Milton – 11:25 - 11:35
- Resources for Access sub-group update – Rona Gibb/Helen Todd – 11:35 - 11:45
- Snowsports touring code and managed resorts – Davie Black – 11:45 - 12:00
Comfort break – 12:00 - 12:10
- Managing access in areas of wildlife sensitivity – Caroline Fyfe – 12:10 - 12:30
- Fires Messaging – Bridget Jones – 12:30 - 12:50
- NAF/LAF 2024 meeting – Helen Todd – 12:50 - 13:00
- Minutes of previous meetings, action points and matters arising – Don Milton – 13:00 - 13:15
AP 56/5: NatureScot to investigate the legal position on liability for third party promotion of paths. On-going: Feb 2023 update: Bridget Jones confirms NatureScot has prepared a draft brief and will be seeking legal advice, using our legal advisors, with a response anticipated by early spring - on hold
AP 61/1: NAFSec to make link to UKFS consultation responses available to members - discharged
AP 61/2: Members to self-nominate to be part of the sub-group by end of October, contact NAFSec - discharged
AP 61/3: Members to identify areas with issues, similar to that in the Pentlands with regard to organised events, in their regions/memberships to determine if this is a local or national issue. Provide details by correspondence to NAFSec ([email protected]) - discharged
AP 61/4: NAFSec to add clarifying statement of ScotWays position to minutes of 60th NAF meeting - discharged
AP 61/5: Members to identify more context about where/why issues regarding access for education arise. Provide details by correspondence to NAFSec ([email protected]) - discharged
AP 61/6: NAFSec to distribute VMS update presentation to members - discharged
AP 61/7: NAFSec to give feedback on fires from Co-Ordination group after next meeting - discharged, agenda item 7
- Forthcoming meetings and agenda items – Don Milton – 13:15 - 13:25
- NAF meeting – 5th June 2024 – Battleby
- Agenda Item – SOAC Education Resource Pack
- A.O.B. – 13:25 - 13:35
- Nick Cole - Request from Angus LAF
- John Urquhart
- Helen Todd
Close 13:35
Developing the SOAC framework for the management of (recreational) fires
Following increasing concern over wildfires during the 2023 season, the visitor management co-ordination group has considered what changes are needed. The following two actions are proposed and are of direct interest to the National Access Forum as they relate to SOAC based fires messaging and to the NAF endorsed “Lighting Fires and Access Rights…” guidance paper last updated in 2016.
- Revise the approach to fire messaging – develop messages for 2024 and deliver via the Education and Marketing and Visitor Operational Sub-groups.
- Replace/update NAF guidance on the management of recreational fires – retain SOAC focus but develop to cover wider visitor management considerations.
Annex A sets out the final recommendations for 1, including the agreed parameters, the legal context, and proposed approach to messaging.
The proposals in Annex A have been subject to significant input and discussion by both the VMS co-ordination and operational subgroup. The revised approach provides a much clearer basis for fire messaging than existed previously, though further work is needed to ensure SFRS are fully engaged in communicating fire risk. The framework is intended to be complementary to any of the options for fire management being considered by CNPA at present though care will be needed to make to ensure we communicate this effectively.
No changes to SOAC or the access legislation underpinning it have been considered.
The Visitor Management Steering Group met on 5th February 2024 and approved the two actions proposed for 2024, along with a third action to consider the case for making a legislative amendment to the Civic Government (Scotland) Act 1982 i.e. adding in wildlife alongside people and property.
The National Access Forum are now asked to note, discuss and sign off the two proposed actions and approach to messaging set out in Annex A, subject to any final comments they may have.
Bridget Jones
NatureScot
February 2024
Annex A – Revised approach to fire messaging
1) Parameters and principles for the messaging
Terminology and definitions:
| Term | Context | |
|---|---|---|
| 1 | Fires | When referred to includes: open fires, fire rings, fire bowls, fire stands. |
| 2 | BBQs |
Includes all types of BBQ: raised BBQ stands, gas BBQs, disposable BBQs to ensure a simple and clear easily understood single reference. Note: gas BBQ use is not reported as being part of the more typical visitor management fire/BBQing activity that can cause problems. It is seen as being mainly limited to gardens/patios or in caravan/campsites or formal provision therefore not likely to be impacted by using a generic BBQ reference in this messaging framework. |
| 3 | Stoves/camping stoves | To date, stoves have been part of the solution as an alternative to fires and BBQs. We propose to no longer to refer to them in relation to fire messaging but will instead include them as part of SOAC wild camping campaign and promotion of safe stove use. |
| 4 | Cigarettes/matches | Not referred to in this messaging framework – should be considered as part of any wider public/society fire risk awareness and/or litter related campaign with wider target audience. Including this message also detracts from main message focus on open fires, BBQs and the associated fire risk. |
Legislative basis for messaging:
| Legislation | Considerations | |
|---|---|---|
| 1 | Land Reform (Scotland) Act 2003 Scottish Outdoor Access Code |
Gives a right of access and amends Trespass Act to allow fires if using access rights as guided by SOAC which defines the habitats and sites where it is irresponsible to have a fire and defines when not to i.e. prolonged dry periods (high fire risk). Note: the exception to this, in the Trespass Act, is if a landowner/occupier gives permission for a fire. This is seen as being unlikely and low risk of under-mining messaging. |
| 2 | Trespass (Scotland) Act 1865 |
The Act refers to prohibited locations for fires (road, enclosed/cultivated land, plantations) these only apply when they align with access rights and responsibilities in SOAC ie plantations = forests and woods; cultivated land = farmland; but not for fires on or near roads. The LRA amendment gives rights to encamp or light a fire under access rights and as guided by SOAC. Note: Exceptions also apply if a landowner gives permission for a fire (see above). |
| 3 | Civic Government (Scotland) Act 1982 |
Offences due to endangerment, annoyance and alarm caused by laying or lighting a fire. Not proposed for use in messaging as legislates for situations once a fire has been lit. Useful for operational staff and policing and will be include in the updated managing fires guidance. Note: opportunity for legislative amendment i.e. adding in wildlife alongside people and property. |
| 4 | Roads (Scotland) Act 1984 |
Offences due to damage to roads or endangerment due to fire within 30m of public road. Not proposed for use in messaging as legislates for situations once a fire has been lit. Useful for operational staff and policing and will be include in the updated managing fires guidance. |
Style and tone of messaging:
| Style/tone changes | Considerations | |
|---|---|---|
| 1 | Shorter messages | Messages aim to be shorter, more precise and provide a clear instruction. |
| 2 | Clearer messages | “No fires” messaging (scenarios A and B) do not include “please” or any positive messages. |
| 3 | Symbols | The option to use symbols has been introduced for signage messaging for use with text and organisations own corporate style/branding. |
2) Fire messaging – agreed approach
The 2 status approach is:
- No fires
Scenario A – no fires in habitats/sites of fire risk at any time
Scenario B – no fires at times of high fire risk
- Fires
Scenario C – Fires provided for, managed or within access rights
Note that scenario B will over-ride scenario C at times of high fire risk.
The messaging options for each scenario are set out below.
No fires
Scenario A – no fires in habitats/sites of fire risk at any time
For use at any time and relating to these specific situations, i.e. habitat and site-specific areas that carry a year-round fire risk or at risk of damage due to fire (SOAC lists types/areas) and communicated as appropriate:
- National and local message options for use in all types of communication media e.g. socials, print etc.
- National and local signage messages for use on site-based signs, roadside variable message signs (character count limit) etc.
Fire risk – applies all year
National and local messaging
Pro-active message:
- No fires, BBQs or fire bowls in areas such as forests, farmland, or on peaty ground.
- No fires, BBQs or fire bowls near buildings, or in cultural heritage sites.
- Follow local advice provided.
Fire risk – applies all year
Signage messages
For use in the following areas/location types at any time of year:
- forests/woods
- farmland
- on peaty ground
- near buildings
- in cultural heritage sites
Wording option 1: No fires
Wording option 2: No fires or BBQs
View image of symbol examples in a new browser window
No fires
Scenario B – no fires at times of high fire risk
For use at times of high fire risk (SOAC refers to prolonged dry periods) and communicated as appropriate:
- National and local message options for use in all types of communication media eg socials, print etc.
- National and local signage messages for use on site-based signs, roadside variable message signs (character count limit) etc.
High fire risk
National and local messaging
Pro-active message option:
- Never light a fire (including portable fire bowls/meshes and/or BBQs) at times of high fire risk.
Live message option:
- High Fire risk – do not light a fire (including portable fire bowls/meshes and/or BBQs)
High fire risk
Signage messaging
Wording option 1:
High fire risk
No fires
Wording option 2:
High fire risk
No fires or BBQs
View image of symbol examples in a new browser window
Fires
Scenario C – Fires provided for and managed or under access rights
Adaptable messages for use where fires are provided for and managed or are under access rights. Will normally not apply in habitats or sites covered in Scenario A, and not at times of high fire risk, Scenario B.
Positive messaging to ensure the public know what to do in circumstances when or where they can responsibly have a fire.
- No signage design is provided as the relevance and/or appropriateness of the messages in respect to location and provision will vary from place to place, as will communication methods.
- Include a link to a fire risk website/webpage if available ***
- Option to incorporate the SOAC banner.
Low fire risk
Local or site-based messaging
Locations/sites that can provide for or accommodate fires/BBQs eg beaches/shoreline.
Amend to reflect local circumstances:
Never have a fire if there is a high fire risk, but if you do:
- Follow any local advice on signs or from (rangers)
- Use a portable raised fire bowl/mesh stand or BBQ stand
- Use areas provided for (BBQs/Fires).
- Bring (your own wood/or use wood that is provided…)
- Don’t gather deadwood or cut down trees
- Keep fires small, under control and supervised
- Dispose of used matches responsibly.
- Ensure the BBQ/fire is fully extinguished before leaving
- Dispose of BBQ/fire ash in (e.g. metal bins provided)
- Leave no trace
To find out what the current fire risk is in the area you are visiting: www.***
1 year review of guidance on access and wildlife disturbance
Purpose
This paper review’s the Forum’s guidance on access and wildlife disturbance one year on from its publication.
Action
The Forum is asked to note the findings of this 1-year review of the guidance, agree to the minor updates proposed by NatureScot, suggest any further amendments to the guidance (including additional online case examples) and continue to assist with promotion of the guidance.
Background
In 2014 the Forum published guidance on ‘Managing access with dogs in protected areas to safeguard breeding birds’. While the context of the guidance was quite narrowly focused on poorly controlled dogs and breeding birds such as capercaillie, the guidance included a framework of management approaches that was more widely applicable to other wildlife disturbance issues.
In February 2022 the Forum initiated a review of this guidance to reflect the wider applicability of the general principles and various management measures to wildlife disturbance issues. The aim was to help site managers, access officers and other staff involved in local access management deal with a broader range of issues impacting on sensitive species and important habitats, particularly in the light of recent increases in recreational activity and in view of the nature and climate crisis.
A sub-group undertook the review, chaired by the NAF Convenor and comprising representatives from: BASC, Cairngorms NPA, Canoe Scotland, Cycling UK, Kennel Club/Scottish Kennel Club, LAFs rep, Mountaineering Scotland, NatureScot, Ramblers Scotland, RYA Scotland, RSPB, Scottish Land & Estates and Scottish Raptor Study Group.
The Forum considered the updated guidance at its meeting on 8 February 2023 and agreed to its publication before the start of the bird breeding season. NFUS indicated it would like more time to consider the guidance, and it was proposed that a review was undertaken in the light of experience of using the guidance, with any updates required made to the online publication.
Guidance - Managing public access in areas of wildlife sensitivity in Scotland
Review findings
There were 753 views of the above web page, and 449 downloads of the guidance document, from 16 February 2023 to 26 January 2024.
Promotion of the guidance included:
- mentioned by RSPB at Recreational Disturbance conference organised by Natural England & RSPB on 21 February 2023 with link to guidance provided to all participants
- post on Scottish Outdoor Access Network (SOAN) Knowledge Hub used by many Access Officers and other access professionals in Scotland
- post on NatureScot internal communications channel; webinar to NatureScot NNR staff; response to queries (NatureScot Area staff re: Aigas Gorge and Firth of Forth; NTS re: St Kilda)
- Exploring without disturbing wildlife web page on Outdoor Access Scotland website
Use of the guidance included:
- discussions between NatureScot, RSPB and The Highland Council about management approach at Loch Ruthven to protect Slavonian Grebes from disturbance from water recreation activities during the breeding season
- provided in response to enquiries about dog walker disturbance and birds
The guidance has been well received by a range of organisations over the last year and, to date, NatureScot has not received any specific comments for amendments to the guidance.
NatureScot’s check of the guidance identified some broken web links and other updates that could be made:
| Page no. | Proposed updates |
|---|---|
| 5 |
Case examples: Capercaillie framework weblink does not work.
|
| 6 |
National promotion of SOAC messages:
|
| 7 |
On-site promotion of SOAC messages by staff:
|
| 10 |
Case examples: Loch Leven NNR - water access guidance weblink does not work (due to the National Library web archive currently being down due to IT issues).
Muir of Dinnet
Add Aigas Gorge code of conduct Add Cairngorms Quiet Areas for Nature proposal |
| 14 |
NatureScot website
Legislation |
| 15 |
Scottish Outdoor Access Code
Scottish Canoe Association The Paddlers' Code weblink does not work (due to being updated last year).
The Birdwatchers' Code weblink does not work (due to RSPB website issues)
|
| 17 |
Unauthorised Mountain Bike Trails - guide for land managers and riders weblink does not work.
|
| Add information on drones in Annex 1: The Drone and Model Aircraft Code in Codes of Practice section SPICe briefing in Advice and Guidance section [NB. NatureScot is currently working on some joined up guidance on drone use.] |
Recommendations
- NatureScot to update the guidance on the Outdoor Access Scotland website ahead of this year’s bird breeding season, based on the proposed amendments in this paper and any other comments provided by NAF members by 28 February 2024.
- NAF members to continue to promote the guidance and provide any feedback to NatureScot.
- NatureScot to continue to undertake periodic reviews of the guidance, particularly checking weblinks, removing any outdated information and adding any new material.
NatureScot
February 2024
Snowsports Touring and Walking in Managed Ski Areas in Scotland
Purpose of the Paper
The purpose of this paper is to advise members of the National Access Forum of a revision to the Snowsports Touring Code of Conduct that has been prepared by Mountaineering Scotland in conjunction with the Snowsports Touring Advisory Group (STAG) and the Association of Scottish Ski Areas (ASSA).
Background
The increasing popularity of snowsports touring in Scotland brings more people into and through Scotland’s five managed ski areas, often because the approach roads and availability of car parking for back-country skiing are at high altitude: Cairngorm, Glencoe, Glenshee, the Lecht and Nevis Range.
The Scottish Outdoor Access Code states (section 2.7) that “active pursuits such as ...ski touring, ski mountaineering…” are included in recreational purposes, and are therefore included in the access rights, but goes no further than this regarding what is responsible behaviour for taking passage through ski centres.
In September 2016 a Snowsports Touring Code of Conduct was presented to the National Access Forum for discussion. A specific Code was thought necessary as there had been a few incidents the previous winter, between those taking access through the ski areas and some of the centre staff, partly due to poor awareness and understanding of access rights and responsibilities.
After discussion with NAF members the Code was broadly welcomed and printed as a small, concertina-folded brochure and distributed to the ski centres and key retail outlets.
In 2021 instead of reprinting the concertina brochure, a simple infographic with the key points was produced, with a QR code directing viewers to the Code of Conduct on the Mountaineering Scotland website.
Current context
The Mountaineering Scotland guidance on exercising access rights responsibly while taking passage through managed ski areas was reviewed in 2023.
This was prompted by a series of incidents last winter at Glenshee between visitors and ski patrol staff, which led to a meeting to discuss the interaction between snowsports tourers and winter walkers, downhill skiers and the management activities at ski centres in Scotland.
There were specific matters particular to Glenshee that were discussed, but it became apparent that there were issues more widely applicable across all ski areas in Scotland. The main factors were taking access on pisted slopes, day and night; damage to uptracks being used as navigation lines; dogs not under proper control; and numbers of unticketed skiers descending slopes in variable snow conditions.
The feeling was that the existing Snowsports Touring Code of Conduct was generally helpful, but with the recent huge interest in the activity, by new entrants to the sport, who may not be steeped in the ethos of ski mountaineering, more specific targeted advice was required.
This is not just a matter of a right to take passage, but what is responsible behaviour in taking passage, taking account of the interests of other users and land managers. It is not so much the effect that an individual has in exercising their access rights in a managed ski area, but it is very much now the cumulative and sequential impact that a series of individuals and groups can have.
To aid tourers navigating their way through managed ski areas in Scotland, Mountaineering Scotland reviewed the existing guidance on its website, in light of the discussions around the current visitor management situations at the different ski areas. Opinions on access rights was sought from both Access Authorities with ski centres in their area: The Highland Council and the Cairngorms National Park Authority.
In addition to revision of the text of the Code, a new initiative that is being developed by STAG and the ski centres is identifying signed ski touring routes to aid passage through the managed areas, identifying routes that snowsports tourers would want to follow from and to car parking.
In consultation with the STAG, which includes representatives from Mountaineering Scotland, Snowsports Scotland, the Association of Scottish Ski Areas, Glenmore Lodge and the ski touring community, and the three big ski clubs in Scotland, a position statement was produced, clarifying rights and responsibilities for snowsports tourers and winter walkers taking passage through managed ski areas in winter:
In recent years with the growth in popularity of snowsport touring allied to a lack of snow, problems have occasionally arisen between different user groups & the operators of the five Scottish ski centres. Please follow the guidance below when passing through ski resorts.
Where signed or promoted touring/walking routes exists, please follow the route markers or reasonable advice from the ski patrol. If that is not available, please stay outside of obviously managed areas, and avoid using prepared or obviously managed areas such as uptracks and groomed slopes.
For your own safety and the safety of other users, avoid crossing or going uphill on managed slopes whilst downhill skiing is taking place. Avoid ascent and descent of slopes while the surface is being groomed.
We would encourage snowsports tourers to consider taking advantage of any touring ticket offers for ease of uplift through the managed areas and descent on the piste.
In summary, you can walk, ski or snowboard wherever access rights apply but only where this does not interfere with the running of the business or downhill skiing use of ski resorts. Please minimise your impact on the environment, on other users, and with ski resort management operations.
The Code of Conduct for snowsports touring and walking in managed ski areas in Scotland can be found on the Mountaineering Scotland website.
The development of the Code would not have been possible without the co-operation of STAG and ASSA, and their input has been gratefully received.
Mountaineering Scotland
January 2024
