Bait digging
and wildfowling are both long running thorny issues. The common
denominator is they are both legal and the Trust does not have the
power to stop them. Human exploitation of the inter-tidal zone and
disturbance to wildlife from recreational activity is a problem
almost everywhere around our coast. Other conservation
organisations have had limited success in tackling these issues and
Kent Wildlife Trust is not an exception in this respect.
Pegwell
Bay
Anglers claim
to be exercising their rights under Magna Carta to collect bait
below the mean high water mark. Such common law rights though
ancient have been ‘tolerated’ by the courts and it would require an
Act of Parliament to change this, despite all the legal designations
which go with the site. This is the principal reason why bans or
restrictions on bait digging elsewhere in the country have been
ineffective and attempts to prosecute bait diggers have failed in
the past. The statutory bodies say they cannot take action without
firm ‘evidence’ that bird populations suffer in the long term. What
is needed is a direct correlation between bird numbers and
disturbance leading to a decline in bird numbers over a period of
time.
Although it
may appear obvious that bait digging is ecologically damaging,
proving this in a way which ‘stands up in law’ is extremely
difficult and time consuming. The definition of ‘disturbance’ is
also something of a legal quagmire. Voluntary agreements on the
other hand are difficult to strike because bait diggers operate as
their own agents and there is no single organisation which
represents them. Discussions with individual bait diggers on the
ground only results in short-lived minor compromise agreements.
Oare
Marshes
The Kent
Wildfowling and Conservation organisation has the ‘shooting rights’
below the mean high water mark at Oare Marshes, South Swale and at
sites managed by other conservation organisations in north Kent. We
have and continue to negotiate with the wildfowlers through their
association to get them to reduce their impact on the reserves with
limited success.
Regrettably
therefore there are no easy solutions - a situation which is far
from satisfactory and grieves us too. Kent Wildlife Trust, however,
continues to lobby politicians to increase the legal protection
afforded to these valuable sites. A good example is the Wildlife
Trust’s ongoing Marine Bill Campaign. The Government’s proposals
for a draft Marine Bill were recently announced in the Queen's
speech. This represents a renewed commitment to introduce
urgently-needed legislation to protect coastal wildlife habitats and
the marine environment and we have argued strongly this must include
controls over currently 'unlicenced activities' such as bait digging
and shellfish harvesting.
A programme of monitoring has
been established at Pegwell Bay in order to provide the sort of data
required to accurately assess the impact of the disturbance on birds
and based on these findings, what action is appropriate, whether
that be legal or voluntary.
The Trust
supports the work of the Thanet Coast Project which seeks to raise
levels of awareness regarding coastal issues through its programme
of events and the Voluntary Codes. In the absence of any effective
legal mechanism, education is an important means of addressing these
problems.
Members of the
public who are concerned about these issues can help in the
following ways:
- By making
their views known to those who have the power to address these
issues e.g. your MP, your MEP, the Secretary of State for the
Environment, Natural England, Defra, The Defra Minister, the
Kent Wildfowling & Conservation Association and the British
Association for Shooting & Conservation. The Trust will be
pleased to supply the relevant contact details.
- By
supporting the Marine Bill Campaign (details at: www.wildlifetrusts.org
and
www.kentwildlifetrust.org.uk )
- By taking
part in the disturbance monitoring project at Pegwell Bay by
gathering data on the impact of disturbance to birds - using a
standard form [details from the warden]
- By
supporting Kent Wildlife Trust whose ability to influence
decision makers is derived from having a large and active
membership and supporter base
This statement
has the endorsement of the Sandwich & Pegwell Bay National Nature
Reserve Steering Group.
Tony Swandale
East Kent Coastal Area Warden
Kent Wildlife Trust
Tyland Barn
Sandling
Maidstone ME14 3BD
Tel: 01622 662012
Email:
info@kentwildlife.org.uk
Website:
www.kentwildlifetrust.org.uk
