HWT says dogs OK to paddle in Itchen Navigation but public not allowed.

The Hampshire and Isle of Wight Wildlife Trust (HWT) have claimed a U.K. first in establishing three 'dog dips' on the Itchen Navigation.

Designed to help protect wildlife from disturbance and banks from erosion, dog owners are being encouraged to only permit their pets to access the waters at the selected sites near Shawford and Allbrook.

The 'dog dip' (with special provision for smaller animals) located just upstream from Shawford.

 

It is to be hoped that dogs using these facilities will quickly learn to adapt their paddling technique and keep their silt-stirring paws off the river bed to avoid enraging fisheries interests.

However, whilst it is debatable whether just two locations along the 10.5 mile Itchen Navigation Heritage Trail will prove sufficient to make any significant impact (or if they might even encourage errant members of the great unwashed to sooth their overheated toes in the sparkling waters), it is clear that the HWT would not consider such dedicated canine access points as potential put-ins for environmentally considerate canoeing and kayaking.

 

In the Itchen Navigation FAQ web page of the HWT website, the response to the question "Can I boat on the Itchen Navigation?" is

 

"Canoeing is allowed at Riverside Park in Southampton. Boating is not allowed on any other part of the Itchen Navigation, unless prior permission is granted from the relevant landowners."

 

When questioned about the legal basis of this statement the following response was received:

 

"In 2005, Hampshire & Isle of Wight Wildlife Trust sought a legal position in respect of the Itchen Navigation. With regards to boating on the Navigation, the following conclusions were made in the legal position statement:

 

There was never a public right of navigation on the Itchen Navigation (there was only ever a commercial use as a trade route, for which fees were paid). An 1802 Act of Parliament points to the fact that while smaller vessels (other than barges) could seek to use the Navigation with the consent of the proprietors and in compliance with the conditions as to licensing, operating and termination set out in the Act, there was not a public right of navigation for anyone and everyone."

 

Not withstanding the weight of historical argument for public navigation rights contained in the works of Douglas Caffyn,  it is noted that

• In 1992 Secretary of State for Transport, Mr Kenneth Carlisle, reported in a House of Commons written answer that “I am advised that the lichen [sic] navigation is in law a navigable waterway, but that the extent of rights of access and passage along it and its towpaths is not clear.”

• “Winchester College Boat Club is one of the oldest school boat clubs in the country, founded officially in 1867.  Most rowing takes place on the Itchen Navigation…” (a fact also noted on the HWT FAQ web page). 

• In 2008 Winchester City Council noted that “Itchen Navigation to the south of Winchester is still navigable from Wharf Mill to the site of St Catherine’s Lock”.

• The Winchester Peddle Paddle Pace (PPP) triathlon, in support of McMillan Cancer Support, will be held for the third time on 24th July 2011.  The course of the “paddle” element will be run on the Itchen Navigation for 2km at Palmer Field.
• The image used to illustrate the HWT website page on the “History of the Itchen Navigation” is captioned “Tunbridge in Winchester in the 1870s (Winchester City Council Museums). The Navigation is being used for boating and bathing, while children look on from the bridge.” This image is replicated on the HWT project leaflet and in the website Image Gallery.  The website Image Gallery also contains a second picture that shows recreational boating use of the Itchen Navigation.

It was put to the HWT that their statement that boating on the River Itchen requires the "permission" of the "relevant landowners" would suggest that ,whilst it is physically possible, it is simply "not allowed" by those vested interests.  Whilst intimidation may have achieved this position in recent years, it would be disappointing if the HWT continues to perpetuate such attitudes as legally enshrined and morally defensible.  No response was received.

Whilst there is no doubt that the HWT carry out an enormous amount of vital and valuable conservation and environmental work, they are not the legal navigation authority for the Itchen Navigation, and they are publically funded for the Itchen Navigation Heritage Trail Project which is intended, in their own words, to deliver a "living landscape...  providing many benefits for local people."

Use of environmental concerns on the Itchen

The principal objectors to canoeing and kayaking on the river Itchen and Itchen Navigation are fisheries interests, and a whole host of excuses are propounded in support of exclusive use of the waterway, often focusing on a pretence of environmental concern.  

One of the claims made by the young fishery employee who's threat's sparked this blog into life was that canoeists and kayakers directly disturb the shallow gravel redds in which a range of fish spawn, and cause siltation of the waterway.

Such arguments have little relation to reality as, even if failing to carefully enter the water, the amount of disturbance to muddy banks by paddlers would be wholly insignificant by comparison to the effects of a day's rain, let alone the impact of poor land management/agricultural practices.  Damage to the banks by dogs entering the water is a far greater area of real concern than harm by paddlers.

Agricultural access to the Itchen Navigation from private land.  The risk of erosion run-off was not created by paddlers.

Access to the waterway by dogs whilst being walked along the public footpath can also cause erosion and potential siltation (more on this in a separate post).

Once in the water, paddlers only require a minimal water level in order to avoid environmental harm.  The BCU has stated that "Identifying a safe level to avoid coming into contact with gravel spawning beds should take into account the draught of a canoe/kayak is typically up to 10cm. This suggests that allowing at least a 15-20cm depth of water should be adequate to pass over gravel beds with the minimum risk of grounding. Care should be exercised using a paddle in reduced depth conditions to avoid contact with a gravel river bed, and it is recommended to revert to a paddle if poling an open canoe."

Environment Agency report W266 clearly states that "canoeing is not harmful to fish populations", and notes that the true cause of fisheries antipathy to canoeing is the fear of diminishing the concept of exclusivity to the waterway with attendant financial loss.

The Itchen fisheries represent one of the staunchest remaining bastions of elitist self-interest in England, but whilst they will hypocritically raise the pretence of environmental concern in justification of maintaining their position, it is not an area in which the considerate paddler should feel at any disadvantage.