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
1Purpose of Report
1.1To 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.
2Decision Required
2.1The Committee is recommended to:
2.1.1Note the actions that have taken place already to try and manage the bait digging situation;
2.1.2Support the public consultation on the proposed bye-law;
2.1.3Support the designation of part of Holes Bay as a Local Nature Reserve.
3Information
3.1During 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.
3.2Having 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.
4Byelaw
4.1The 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.
4.2Within 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.
4.3Before 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.
4.4The public consultation will include any member of the public who may have an interest and include bait diggers, Natural England, and Poole Harbour Commissioners.
4.5The formal period of this consultation will begin after the meeting of the Canford Heath East and West, Creekmoor and Oakdale Area Committee on 11June 2008. This is because this report has to be presented to this area committee as well, as it covers part of Holes Bay area.
5Local Nature Reserve
5.1Throughout 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.
5.2Borough 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.
5.3Additionally byelaws can be made on Local Nature Reserve to help protect the wildlife and manage these sites.
5.4The 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 7March 2007.
6Proposals
6.1The 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 over-wintering bird populations.
6.2The area proposed to be designated as a Local Nature Reserve is the area north of the railway line
7Conclusion
7.1It 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
7.2In 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
Background Papers:
Minutes of area meeting 7March 2007
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