River Dove Guide

by Andy Biddulph

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Attribution [ River Dove Guide by Andy Biddulph; http://andybiddulph.co.uk/ESW/Files/Dove_Guide.pdf to be found on http://andybiddulph.co.uk/ ]

Contents

Ecohazards

The Upper Dove

Beresford Dale and Wolfscote Dale

Mill Dale to Thorpe

Water Levels

Invasive Species

Map

The Legal Position

Canoeing in Dovedale and Wolfscote Dale.

The river Dove flows through some of the most iconic scenery in England. From the stark grandeur of Wolfscote Dale to the wooded seclusion of Dovedale. A must for every canoeist.

The put in at Beresford Lane.

A white peak above the put in

While every effort has been made to ensure the accuracy of the information provided, the author accepts no liability whatsoever for any errors or omissions.

Ecohazards

While canoeing is generally harmless to the environment and the Environment Agency's report W266 says canoeing does not affect fish stocks, there are specific situations that could cause harm. Responsible canoeists treat these ecohazards with the same caution as physical hazards to themselves following the usual drill, back up, land, inspect, and if there is any doubt, portage.

So far there is only one class of ecohazard identified on the River Dove.

Ecohazard 1

Between November and the end of March wild trout spawn and the eggs and alevins ( trout-lifecycle ) remain in the gravel and are vulnerable to disturbance. Crunching through the gravel in this period will definitely damage fish stocks. Anyway who would want to crush these cute little critters, watch the video on the link.Canoeists should shoot using stern rudder rather than paddle through but only if you are absolutely certain there is sufficient depth to avoid contact with the bottom. At least as deep as the full length of your paddle blade is a good rule of thumb. Treat the ecohazard presented by gravel riffles like any other hazard, back up, land, inspect, and if there is any doubt portage.This applies to all trout streams not just the Dove.

The Upper Dove

The River Dove rises in a damp patch on the side of Axe Edge and from its source to the B5054 near Hartington, it is a narrow stream unlikely to be canoeable except in spate. Between the B5054 and Beresford Dale the stream is wider but meanders through uninteresting country and obstructed by weirs and fallen trees. This section also contains Charles Cotton's Fishing House which is sacred to the worshippers of Dagon. This section is probably best left to the piscators. Although their desire for exclusivity is a source of strife, they are still human beings and one should not, needlessly, trample on their souls.

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Beresford Dale and Wolfscote Dale

The highest practical navigation access point is at the end of Beresford Lane (this is the point zero on the river map) but this should be for unloading only.

This section of the river, in Beresford Dale and upper Wolfscote Dale, is only canoeable when the level at Station Izaak is in the blue section, that is high water.

There are numerous small weirs which are a pain in the butt. At normal river levels there is only an inch or so of water flowing over the weirs.

The main problem is not the weirs but the many rock gardens caused by falls from the surrounding crags. Many of these rocks are old and well rounded but some are recent and still sharp.

Some examples are shown in the pictures which were taken when Station Izaak was reading 0.4metres.

Clearly another foot of water is needed to prevent this becoming a bump and scrape trip.

High water conditions make fishing non-viable so a natural segregation should reduce potential conflicts. I am opposed to segregation in principle, seeing learning to share as the only sustainable future but Mother Nature has Her own ideas.

The footbridge 0.7km downstream of Beresford Lane Ford has low headroom and may require portage on the left bank if the water levels are very high. After that there is a clear run except for one footbridge to Mill Dale.

Mill Dale to Thorpe

The section between the Stepping Stones and the footbridge is an important trout spawning area.

See the Wild Trout Trust report on the Dovedale http://www.wildtrout.org/av/river-dove-derbyshire-0 You will be asked to register for an account.

Above the Stepping Stones there are weirs creating hatchery stocked stew ponds with a degraded habitat clogged with silt. Izaak must be turning in his grave. These stew ponds are canoeable at all water levels. However, there are wild sections and the Leek and District Fly Fishing Association have begun rewilding. http://test.ladffa.com/downloads/dove_at_dovedale.pdf For the location of weirs use the NE map on full magnification http://www.natureonthemap.naturalengland.org.uk/map.aspx?m=nreserves

On balance it would be best to regard Mill Dale to Thorpe as a high water ( Station Izaak in the blue) only section from the 1st November to 31st March.

Natural England's concerns.

Natural England would like us to use only recommended access points to minimise disturbance of bank and margin habitat. This may not be feasible in general although it is sound in principle. The recommended access points are indicated with the symbol

At the Thorpe end I would recommend within 2 metres either side of the Stepping Stones on the left bank and within 2 metres upstream of the footbridge either bank. These areas are already heavily trampled by walkers so the additional burden from canoes would be negligible.

Above the weir labelled waterfall on the map just upstream of the Stepping Stones there is salient in the left bank which has some scrap metal in the bottom. This would be a good access point.

Loosely packed rocks in the banks and margins are important habitat for native crayfish which are endangered nationally. If you do displace any of these rocks, please put them back where you found them. Wild scampi for lunch is a hanging offence.

There is concern that we may damage geological features in the landscape. To avoid this risk I recommend that we confine ourselves to vessels of less than 5000 tuns.

A practical solution for a full decent to Thorpe, in high water conditions, would be to camp for two nights at

Barracks Farm Caravan & Camping SiteBeresford DaleHartingtonBuxtonDerbyshireSK17 0HQ

Contact Mrs M Jackson 0129 884261

and leave a ferry vehicle at the Dovedale car park in the morning of the decent.

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At normal water levels and for those wishing to canoe just Dovedale there is parking in Alstonefield 1.25km from the river and a youth hostel camp site, about 1km from the river, at

Overdale, Lode Lane,AlstonefieldBuxtonDerbyshire

Contact Peter Leason 01335310206

. Access at Lode Lane Bridge is via a public footpath on the east side of the river but there is no room for setting down without blocking the road. Alternately take the lane to Mill Dale village, The land between the road and river is private as is the residents only car parking. In the village itself there is land open to the public next to the river and room to set down but no parking. Parking and coaches are not allowed between 10am and 6pm. It is either unload early or walk in.

For the lone paddler, The assent from the Dovedale car park followed by a descent returning to the car park is a nice day out OR camp/deposit ferry car/bike back/canoe/ferry back to camp.

Water Levels

A guide to general river conditions can be found at Station Izaak The water levels in Dovedale are largely set by the weirs but this station, situated in the shallow section below Dovedale, will give some indication of the flow to be expected. Beresford Dale and Wolfscote Dale are only suitable for canoeing in high water, as is that is in the blue zone at Station Izaak . The same applies to the Mill Dale to Thorpe section from 1st November to 31st March to avoid ecohazard 1.

Invasive Species.

This is pristine environment so STRICT bio-security must be observed. The latest information on species and disinfection can be found on the Environment Agency and Canoe England websites. Wherever you have been paddling before, full decontamination should be performed on all boats and kit. It only takes one selfish fool to destroy an ecology that can not be replaced.

There is an understandable fear of the killer shrimp. If this gets loose in the river Dove then not only will it destroy the aquatic ecosystem but would destroy people's livelihood and way of life. Do not even think about canoeing on the Dove without disinfecting and drying all boats and equipment. I am reserving one canoe for use in Dovedale and Wolfscote Dale only. to make sure I do not bring the shrimp in. Check out this video http://www.wildtrout.org/news/new-anglers-biosecurity-video-stuart-crofts

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Alstonefield VillageLode LaneMillway Lane

Hall Dale

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Map Not complete a full survey is to be undertaken keep checking for updates

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Campaigning and legal research costs money and my resources are limited, so, much against the grain, I am putting out the begging bowl.

Donate Now to the fighting fund using Paypal and the e-mail address navigation_rights@btconnect.com

Instructions at

https://www.paypal-marketing.co.uk/sendmoney/index.htm

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The Legal Position.

The public right of navigation on all rivers was affirmed by the statute 1472 An Act for Wears & Fishgarths. Such a public right of navigation may only be extinguished by legislation, the exercise of statutory powers, or the permanent silting up of the river. [Rowland v EA] Since the river Dove continues to flow and no one (not even Fish Legal, the Angling Trust legal department) has produced any legislation or exercise of statutory powers that may have extinguished the right, then a public right of navigation still exists. Indeed for most rivers the 1472 Act is the last time Parliament expressed its will on the matter of navigation rights. On the 13th February 2013 the National Trust was served with a legal notice asserting the public right of navigation (PRN) on the river Dove and giving them 28 days to show that the PRN had been extinguished by legislation or exercise of statutory powers. The National Trust has failed to show that the PRN has been extinguished so anyone may navigate any kind of unpowered craft on the river Dove.

It is not anticipated that there will be any problems with third parties. However, there are malintentioned individuals and organisations who seem to regard canoeing as a criminal activity depriving them of their rights. Such deluded people have a track record of ignoring the law until forcibly reminded of their civic responsibilities. The following is in part intended to so remind them before they talk themselves into any silliness and provide guidance to the canoeist if confronted by such persons. No one should be put off from enjoying their rights. It will all settle down in the fullness of time.

Scary lawyer letters from Fish Legal or riparian owners should be answered with the challenge that they must show the PRN has been extinguished (which they can not do on the river Dove) before you could consider their absurd assertions. Furthermore, you should require fishery organisations to show you in black and white where it says in either legislation or case law that they have any say whatsoever in navigation. (Nothing of the sort exists) These threatening letters are a bluff, intended to harass and intimidate. If they persist, without showing documentation to show the PRN has been extinguished or they have a right to interfere with navigation, then the letters may constitute the criminal offence of harassment and should be reported to the police and the Solicitors Regulation Authority. Anyone who claims that canoeing has devalued their property should be referred to Lightman J.'s judgement on this matter in Rowland v EA, that such loss of property value is lawful and in a good cause, i.e. the preservation of a PRN.

Access across land to the rivers is often problematical. However, in Dovedale and Wolfscote Dale the banks of the river are land on which the public have a right to roam or are the verges of highways (public footpath on the east side of the river between Beresford lane and the National Trust land.) Uniquely in England and Wales, we have about 10km of river with public access to the banks. However, lack of road access and car parking will present logistical problems for canoeists.

Over the last 100years or so the fishermen have built weirs across the river Dove to create fishing pools. These weirs have caused considerable environmental damage. In Wolfscote Dale and Dovedale, the National Trust, as owner of the soil of the river is responsible for their removal. However, should canoeist deliberately ram them or remove stones, this could be construed as criminal damage. On the other hand, canoeists have no knowledge of, or responsibility for, the structural integrity of these weirs. Navigation is the principle right, so if as an incident to navigation, stones become accidentally dislodged from weirs, then this is no more a criminal act than a boot dislodging a stone on a footpath. Indeed, the owners of these weirs may have a liability for any loss or injury caused by the weirs or their method of construction.

Moving stones in the bed of the river to facilitate navigation is lawful. Scouring the bed of a river to facilitate navigation has long been recognised as an incident of navigation. On the other hand should anyone (such as fishermen) move stones in such a manner that a hazard is deliberately created then this may be a criminal action under the Offences Against the Person Act.

It should also be noted that both the public right of navigation and the right to roam makes the river and its environs a public place. Any action that would be unlawful in the street is also unlawful on the river. This includes any form of harassment and the use of foul language, which is a breach of the peace for which the citizen has the power of arrest [Howells v R 1980] Canoeists are encouraged to use the criminal justice system to curtail such antisocial behaviour. Putting up with it will only perpetuate the criminality of those opposed to canoeing.

The river has much in common with a highway. On a highway or a place where there is a right to roam only a police officer may stop you, question what you are doing, or ask you to identify yourself. Such a person should produce a warrant card and give you time to note their details.

The Environment Agency has no remit concerning navigation on the river Dove so their water bailiffs have no powers over you and in any case they are required to present their ID.

There are persons in the Peak District who claim to be some sort of fishery officials. They have no legal status. Any attempt to question you or prevent you from going about your lawful business may be a criminal offence. Their actions and car registration should be reported to the police.

Any group or persons carrying weapons or behaving in a threatening manner with the intent to prevent you from going about your lawful business in a public place are committing a breach of the peace or behaving in a manner likely to cause a breach of the peace and the police (999) should be called immediately.

There is no objective evidence that canoeing disturbs or is harmful to fish or fish stocks (EA advice to water bailiffs and their Technical Report W266.) Anyone making such a claim should be referred to this EA documentation. However, please note ecohazard 1. If you are crunching through gravel between November and March you will be doing harm.

Natural England has no powers in relation to a public right of navigation (Wildlife and Countryside Act) even if your exercise of a PRN was disturbing wildlife. Anyone claiming to restrict your navigation on the basis of this Act should be politely informed of this fact and reminded that ultra vires (beyond their powers) actions may create a liability.

If anyone points out a salmonid spawning ground to you, navigate to avoid it or minimise disturbance. They can not stop you navigating but it is good environmental practice to respect such sites. It is a criminal offence to disturb spawning salmonids but to prove an offence would require there to be a deliberate disturbance of a particular fish, not canoeing in general.