Hampshire Avon Autumn Paddle, Angling Trust and National Media
A group of independent paddlers planned to have an Autumn Paddle on the Hampshire Avon. The outcome of this has been a vitriolic press release from the Angling Trust that accused canoeists of illegal trespass if the paddle went ahead. It seems that once again the Angling Trust has decided to embellish fact with fiction.
The opening of the “Press Release “ reads..
“The Angling Trust, wrote to the Chief Executive of the British Canoe Union (BCU) today demanding that his organisation condemns a planned illegal trespass protest on Saturday 22 October 2011 on the Hampshire Avon. The Angling Trust has also asked for public confirmation that no BCU staff will be involved in the protest, and that the BCU will make it clear to participants that they will not be covered by public liability insurance while participating in an activity which is not recognised by the National Governing Body for Canoeing......... “ and it went on at length full of myths and fiction! Including this one “The large, garish craft will also disturb the peace of the river and destroy anglers' enjoyment of their sport by scaring fish away!” So how to do those who fish from Kayaks mange to catch lots of fish?!!
In addition there was this comment “Any sniff of support for this illegal protest would be highly irresponsible from a National Governing Body. We have contacted the police and have asked them to take action to arrest anyone participating in aggravated trespass."
The trip was planned for 22nd October on the Hampshire Avon. Like many trips each year it was being organised by a private individual(s) and was in no way connected to Canoe England. This proposed paddle led to much communication and even a very direct press release from the Angling Trust –
“Angling Trust calls on British Canoe Union to Condemn Mass Trespass Protest”.
Canoe England put out the following statement on their Facebook page on Friday, 14th October 2011
Canoe England contacted the Angling Trust after the initial allegations made on Radio Berkshire by Mr Martin Salter and before the recent press release from the AT – “ Angling Trust calls on British Canoe Union to Condemn Mass Trespass Protest”. Mr Martin Salter alleged that the BCU were organising a mass trespass on the River Avon. We (BCU/CE) stated that we were not organising any event on the River Avon in Hampshire. Canoe England also stated that the paddle is titled the Hampshire Avon Autumn Paddle ... it is not called a protest or mass paddle. It is merely a group of individuals who are going out to enjoy the river.
Since the press release from the Angling Trust Canoe England officers have had communication with the AT and have reaffirmed that this trip has not been organised by the BCU/CE. It is one of many thousands of such informal trips organised by canoeists, members and non members, on Britain's waterways on an annual basis.
BCU/CE have contacted the EA who have confirmed that the salmon spawning season on the R Avon (Hants) is the end of October to end of March. The Hampshire Avon Autumn Paddle is on 22 October so there can be no allegations of disturbing spawning fish.
The most recent research work by Rev’d Dr Douglas Caffyn has revealed that the Hampshire Avon has a legally enshrined right of navigation from 1664 which has not been repealed.
Subsequently, the paddle participants took the responsible decision to postpone the Hampshire Autumn Paddle for clear environmental reasons due to the exceptionally low river levels and the possibility of grounding in places. It may now be a spring paddle when the river levels are more suitable.
Monday 31 October, saw column space and air time featuring this story in the Daily Telegraph and on the Jeremy Vine Show, BBC Radio2. Both the newspaper article and radio programme provided another insight on the attitude of some angling and land owning interests to the rest of society:
Daily Telegraph - http://www.telegraph.co.uk/earth/earthnews/8858404/River-peace-shattered-by-battle-for-right-to-paddle.html.
From the Radio 2 piece, whilst the angler made no reference to the law or the 1664 navigation act for the Hampshire Avon, the familiar argument of disturbance was heard, and met with more than adequate responses from the canoeist. The discussion with “phone ins” went beyond a polarised debate between angling v canoeing as it should and drew out other interests with concerns over angling. Only a snapshot, but more than an indication that others and not just canoeists are critical of angling attitudes and actions.
The access to water issue and lack of rights that we maintain are a matter of wider public interest was again highlighted, as were the threats to canoeists. Mention was made of a warning that potentially lethal razor wire may be stretched across the water to stop canoeists (doing so would be with intent to inflict grievous bodily harm under the Offences against the Persons Act, 1861, Section 31).
It is an access episode that also reflects the findings of the University of Brighton study for the Environment Agency: Enjoying Water - Strategic Priorities for Water Related Recreation in London & the South East. The study found many parts of the region support little recreational access to water where a factor is the result of restrictive policies towards recreational access that has a significant impact on many people in the region.
Canoe England cannot grant or deny permission to use any waters and the choice to whether to canoe is the responsibility of the individual. As a membership organisation and in an advisory capacity, Canoe England has issued guidance for good environmental practice in the leaflet “You, your canoe and the environment” - http://www.canoe-england.org.uk/media/pdf/youyourenv0206_lr.pdf
Tidal River Avon at Christchurch
Not only are there objections to canoeing on the non-tidal waters of the Hampshire Avon. A right of navigation has been challenged on the tidal section. Large signs positioned by the Royalty Fishery saying SSSI and banning canoeing have been placed in the river, bank sides and on the A 35 road bridge.
Canoeists have been harassed and the police summoned to remove them by unfounded allegations of environmental damage. Canoe England has taken issue with this situation and made enquiries on the authority and actions of the fishery to sign and prohibit navigation on these tidal waters.
Advice has been sought from Natural England on the use of tidal rivers for canoeing that have a protected designation and advised - canoeists would not need their consent to canoe along designated waters with or without a statutory right of navigation or a common law right; and. this does not confer to them a right of access nor permission to do so. Also, the owner / occupier is not obliged to notify us of third parties unless they are themselves authorising an activity that makes use of it. Proof of intentionally or recklessly destroying or damaging an SSSI or one of its features of interest could result in a prosecution.
The Bournemouth & West Hampshire Water Company, as the riparian owner for this section of tidal river has not denied there is a public right of navigation on these waters. The water company has leased the fishing rights to the Royalty Fishery operated by Southern Fisheries Ltd.
The highway authority for the A35 road bridge has confirmed the sign has been attached without authorisation and will be taking action to have it removed.
Canoe England believes their enquiries have clearly established there is a public right on these tidal waters and the Royalty Fishery has no mandate/authority to police an SSSI or prohibit canoeing. Canoe England is seeking the removal of the signage banning canoes and boats.
In the meantime canoeists using this water should note the tidal limit (NTL) is marked on Ordnance Survey and is at a point 250m upstream of the A35 road bridge. At one time there was a chain across the river at this point. When canoeing always be aware of water levels and exercise care to minimise any disturbance to the water environment. The Royalty Fishery has declined to meet with Canoe England and Natural England. Any further access difficulties should be reported to Canoe England.(access@canoe-england.org.uk)