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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 22^nd 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, 14^th 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)

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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 A35 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)

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British Waterways News

With less that 5 months to go to Vesting Day for the new waterways charity the Transitional Trustees have updated stakeholders as to what their plans are and the dates they are working towards.

The Transitional Trustees have worked very hard since they took up their posts in May of this year.  In October they reported on the charity’s progress. British Waterways will become the Canal & River Trust, which from next April will take responsibility for the care of the 2,000 miles of historic waterways in England and Wales.

The report sets out the trustees’ thinking on membership, governance, funding, management and other matters relating to the new charity. It provides greater detail, terms of reference and timetables for the appointment of the Trust’s Council and partnerships and announces the decision to seek three new trustees with experience in finance, investment and engineering.

There will be a Council which as a council of stakeholders should be gathered from active waterway participants or those with particular expertise or knowledge relevant to the waterways.

Proposed Council Representation

	CONSTITUENCY	INITIAL NUMBER OF COUNCIL MEMBERS
		Elected	Nominated	Total
1.	Private Boating	4	1	5
2.	Boating Business	2		2
3.	Volunteers		(1)*	1
4.	Other Supporters – walkers, anglers, cyclists, neighbours, donors, etc		(4)*	4
5.	Employees	1		1
6.	Historic Environment		2	2
7.	Natural Environment		2	2
8.	Local Government		2	2
9.	Local Partnerships Chairs (including Museums and all Wales Partnerships)			13 ex-officio
10.	Co-options		3	3
INITIAL TOTAL				35

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 * To convert to elected members once electoral roll database developed

Canoeists are by far the largest number (circa 60k individual and club members) who use the waterways under a collective licence held by the British Canoe Union.

The Trustees have therefore decided that the BCU should be asked to nominate a representative (for Council).  In due course it may be possible for the BCU to elect a representative using their membership database.

Every potential member of Council, whether elected, nominated or co-opted will have to be ratified by the Council’s Appointments Committee as a person ‘fit and proper’ to hold the appointment

More information can be found at http://www.britishwaterways.co.uk/newsroom/all-press-releases/display/id/3201

See the Response to Defra’s consultation ‘A New Era for the Waterways which was published on 12^th September – see http://www.defra.gov.uk/consult/files/110912-waterways-summary-responses.pdf

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Strive to be a rubbish canoeist

 

I blame Nancy. In the bloggs on www.SongofthePaddle.co.uk   there is often talk about all the litter encountered on canoeing trips. Many members make a point of bringing along a bag for litter they find along the way but there had never been a focus for a clean-up event. Then, Nancy came along.

 

Nancy Maddock started the Great North American Clean-up in 2006 with considerable success (more details can be found at http://www.wildernesscleanup.com). This was repeated in 2007 with even more support, then later that year Nancy joined the Song of the Paddle forum and her event went global. Not only were there numerous clean up events in the UK but members as far away as Brazil got involved. These clean-up trips all take place in early May each year and range from a canoeist on their own picking up litter to a flotilla of boats clearing whole lakes and sections of canals of every scrap of rubbish.

 

The 2009 events are just starting to take place and so I thought I would share a short report of the first of these. I posted a message on the forum asking if anyone wanted to join me in clearing some of the rubbish at Castle Semple Loch at Lochwinnoch. As usual with these events there was a great response and on the day we had more than a dozen volunteers to help.

 

High water levels meant there was less rubbish than normal but still more than enough. There was the opportunity to use or develop new skills to get to all the hard to reach places where litter was to be found. Paddling under overhanging trees, poling into reeds or even just trying to get a spot to land so you could retrieve some piece of garbage from the shore. There were lots of challenges big and small to make it a day for enhancing your skills as well as doing a good deed.

 

Of course that makes it sound a bit dull and educational but in reality it was nothing of the sort. It was fun and nonsense from star to finish. Finding and getting rubbish actually becomes quite competitive with people vying to get the most in their canoe and be first to find the more unusual items.

 

Speaking of unusual items as well as the usual bottles, cans, plastic bags, wrappers, fast food containers, paper etc we found a car wheel and tyre, two traffic cones, bear crate, punch bag, trike, buckets, a piece of gas main, camp chair (not just a camp chair an M & S camp chair), fishing lures, lines and hooks galore, scales, rod bags, 7 or 8 buoys and much more that had no place being where it was.

 

The volunteers split into two groups and worked their way round the loch clearing all the litter they could find. We portaged into the drainage ditch on one side and paddled and poled its length to clear the rubbish from this hard to get to spot.

 

We were of course fortunate to have great weather on the day of our clean-up but I doubt any weather could have dampened our spirits or held us back. In the end, as the pictures show we cleared a lot of rubbish which was mostly in fairly remote spots and but for our intervention would have been there for years.

 

Best of all we had a great day on the water and the satisfaction of knowing we had done our bit to help clear a little patch of our paddling domain. It is of course never too late to join us in this battle against litter. So why not organise a clean-up paddle on your favourite paddling place or just grab a bag for some rubbish when next you lift your paddle from the rack. It does not take much and then like us you can hold your head high and say “I am a rubbish canoeist!”.

 

John Kelly

Owner of the Song of the Paddle website and a self proclaimed rubbish canoeist.