BOROUGH OF POOLE
ENVIRONMENT OVERVIEW GROUP
7th DECEMBER 2006
REPORT OF THE HEAD OF LEISURE SERVICES
PROPOSED BYELAW TO CONTROL BAIT DIGGING WITHIN HOLES BAY
(POOLE HARBOUR)
1
Purpose of Report
1.1
To advise Members on the level of bait digging that is occurring in parts
of Poole Harbour, its affects and possible means of controlling the
activity in the future.
2
Decision Required
2.1
Members are recommended to
2.1.1 note the actions that have taken place already to try and manage the
bait digging situation
2.1.2 note the options considered to manage bait digging in the future
2.1.3 support public consultation on Options B and C, and report back to this
committee in due course.
3
Information
3.1
During the last few years the level of bait digging in Holes Bay has
increased causing disruption and concern to residents of Hamworthy
and disturbance to wildfowl and waders in this area. English Nature
(now called Natural England) also have some concerns over this
activity and commissioned a report to look into patterns of use, which
did show some problems. Last winter English Nature agreed a code of
practice with Solent Area Bait Digging Association, to which many of
the bait diggers belong to, in order to control this situation. While this
did work to some degree, non-members were not covered by this and
some bait digging continued causing disturbance to residents and
wildlife alike.
3.2
Having tried to informally manage the situation, which has not
produced the desired results, the next option is to have a bye-law to
control bait digging. The Council has the power to make such byelaws
under section 82 of the Public Health Acts Amendment Act 1907.
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3.3
The council may make a byelaw to restrict bait digging, but legal advice
indicates that a total ban is not likely to be achievable, particularly in
relation to bait digging for personal use. Furthermore, the distinction
between personal and commercial digging is perhaps easier to identify
on paper than on the ground, with both groups often using unmarked
vehicles and operating after dark. This suggests that a single
approach to all is the most practical way forward.
3.4
Within Holes Bay the majority of the inter-tidal mud is in private
ownership, the Council can make a byelaw over privately owned land if
the owner is in agreement. Most is in the ownership of Canford
Estates, plus their land holding comprises some of the main areas
used for bait digging. Their views have already been informally sought
and they are agreeable in principle to a byelaw covering their
ownership. Of the other owners we believe that some may be
amenable to having a byelaw on their land.
4
Options
4.1
The options considered for a byelaw are:
A: No bait digging in all parts of the Harbour under jurisdiction of
the Borough of Poole, at all times – current legal advice rules this
out as bait digging is considered to be ancillary to the common law
‘right to fish’. Consequently we have an opportunity to regulate
rather than prohibit.
B: No bait digging in Holes Bay at all times - this is possible as
other sites are available in the harbour, although Natural England
may have concerns as this might have the effect of displacing the
activity to more sensitive areas of the harbour.
C: No bait digging in Holes Bay north of the railway line at all
times, and no bait digging during January and February south
of the railway line within Holes Bay -. This option reflects the
fact that some parts of Holes Bay are more sensitive than others,
and a less restrictive approach south of the railway may ensure the
most sensitive areas to the north are protected. The proposal for a
ban below the railway line during specific months is based on the
most sensitive times of the year for over-wintering bird populations.
4.2
In order to take forward an option that is deliverable, and one that is
based on legal advice and informal consultation with Natural England,
the Government’s advisor on nature conservation matters, it is
proposed to consult only on Options B and C. The results of the
consultation would be reported back to this committee prior to a byelaw
being applied for.
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4.3
The public consultation will include any member of the public that may
have an interest, but also will have to include bait diggers, Natural
England, and Poole Harbour Commissioners.
5
Conclusion
5.1
It is recognised that local residents are concerned over the level and
frequency of bait digging in Holes Bay, and the effect that this may
have on bird populations. It is considered however that any solution
will need to rely on evidence and legal advice, and support from
Natural England would be desirable in order to increase the likelihood
of success.
5.2
A byelaw would appear to be the only viable solution to try and manage
this situation, in the short term. It is considered that Options B or C
represent the most deliverable means of addressing concerns over bait
digging in the Holes bay at this time.
5.3
In the longer term, the Poole Harbour Commissioners Aquatic
Management Plan for Poole Harbour may address this situation and
identify a solution, as it will contain zoned areas of the Harbour where
certain activities will not be allowed.
CLIVE SMITH
HEAD OF LEISURE SERVICES
Contact Officers:
Jez Martin, Nature Conservation Officer (01202) 261338
Matti Raudsepp, Open Spaces Manager (01202) 261377
Background Papers:
None
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