Item 4.1
BOROUGH OF POOLE
HAMWORTHY EAST AND WEST AND POOLE AREA COMMITTEE
26 MARCH 2008
REPORT OF THE HEAD OF LEISURE SERVICES
PROPOSAL TO CREATE A BYELAW TO CONTROL BAIT DIGGING
WITHIN HOLES BAY AND TO DESIGNATE PART OF HOLES BAY AS A
LOCAL NATURE RESERVE
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Purpose of Report
1.1
To advise the Committee 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.
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Decision Required
2.1
The Committee is recommended to:
2.1.1 Note the actions that have taken place already to try and manage the
bait digging situation;
2.1.2 Support the public consultation on the proposed bye-law;
2.1.3 Support the designation of part of Holes Bay as a Local Nature
Reserve.
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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. Natural England
also has concerns over this activity and commissioned a report to look
into patterns of use. In 2005 Natural England (at that time called
English Nature) agreed a code of practice with Solent Area Bait
Digging Association, to which many of the bait diggers belong, in order
to control the situation. This approach worked to a small degree but did
not cover non-members and the bait digging continued causing
disturbance to residents and wildlife alike.
3.2
Having tried the informal approach to the situation, and not achieving
the desired results, the next option is formal control through a byelaw
to control bait digging activity in this part of the harbour and to
designate a part of Holes Bay as a Local Nature Reserve.
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Byelaw
4.1
The Borough of Poole has the power to make such byelaws pursuant
to section 82 of the Public Health Acts Amendment Act 1907. The
Council may make a byelaw to restrict bait digging. 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.
4.2
Within Holes Bay the majority of the inter-tidal mud is in private
ownership, but the council can make a byelaw over privately owned
land if the owner is in agreement. Canford Estates is the majority
landowner and their land holding comprise some of the main areas for
bait digging. Their views have already been sought and they are
agreeable in principle to a byelaw covering their ownership. Following
discussions with other owners, the Council believes that some may be
amenable to having a byelaw on their land.
4.3
Before the Council can apply for this byelaw there has to be a period of
public consultation. This will involve displays in local libraries, adverts
in local press and on the council’s consultation page on the website.
4.4
The public consultation will include any member of the public who may
have an interest and include bait diggers, Natural England, and Poole
Harbour Commissioners.
4.5
The formal period of this consultation will begin after the meeting of the
Canford Heath East and West, Creekmoor and Oakdale Area
Committee on 11 June 2008. This is because this report has to be
presented to this area committee as well, as it covers part of Holes Bay
area.
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Local Nature Reserve
5.1
Throughout Poole, there has been a programme of designating sites of
importance for nature conservation as Local Nature Reserves. Local
Nature Reserves are sites that are managed for residents to use and to
allow and encourage enjoyment and understanding of the countryside
and its wildlife.
5.2
Borough of Poole may designate land as a Local Nature Reserve
under Section 21 of the National Parks and Access to the Countryside
Act 1949 and it is a statutory designation. The Local Nature Reserve
designation of sites can help promote awareness of the environment
with the public.
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5.3
Additionally byelaws can be made on Local Nature Reserve to help
protect the wildlife and manage these sites.
5.4
The area of Holes Bay that the Council intend to be declared as a
Local Nature Reserve is owned by Canford Estates, who have
indicated their agreement in principle. This area would then become
part of Upton Country Park LNR, which was presented to this area
committee on 7 March 2007.
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Proposals
6.1
The proposed byelaw is:
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 statement reflects the fact that some parts of Holes Bay are more
sensitive than others and a less restrictive approach south of the
railway will ensure the most sensitive areas to the north are protected.
The proposal for a ban below the railway line during January and
February is based on the most sensitive times of the year for overwintering bird populations.
6.2
The area proposed to be designated as a Local Nature Reserve is the
area north of the railway line
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Conclusion
7.1
It is recognised that local residents are concerned over the level and
frequency of bait digging in Holes Bay both because of disturbance
caused by the activity and the effect that this may have on bird
populations. In order to be successful the solution needs to rely on
evidence of activity, legal advice and on support from Natural England.
Consequently, this solution, a byelaw in conjunction with the LNR
designation, which provides for varying restrictions in different parts of
the bay based on wildlife sensitivity, is considered the way forward.
The proposed byelaw is reasonable and represents the most
deliverable means of addressing concerns over bait digging in the
Holes bay at this time
7.2
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
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Contact Officers:
Jez Martin, Nature Conservation Officer (01202) 261338
Background Papers:
Minutes of area meeting 7 March 2007
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