The answers here are generic; it is advised that paddlers should get as much information as possible before going paddling. The WCA can provide advice, but is not the sole information provider. It is important to remember that the decision to go afloat and the attendant responsibilities rests with the individual.
1. Where and when can we go paddling?
2. So what is the canoeing season?
3. What is trespass and how does it affect canoeing?
4. Is there other legislation that might affect me?
5. So what is a water bailiff?
6. What should I do if I see someone else on the river?
7. What should I do if I am challenged whilst canoeing?
8. Where can WCA give me permission to go paddling?
9. What is the WCA's view on fishing, and isn't canoe access detriment?
10. Are there wider benefits to legislation if WAG choose to pursue this route?
11. Where can I get information about the rivers in Wales?
1. Where and when can we go paddling?
There is no easy way to answer this as it's not clear at present. Recent interpretations and assertions by anti-canoeing organisations would like you to believe there is no right of navigation, however there is no evidence of this in statute (law). You should be aware that if you choose to go paddling without the express consent of each individual landowner you may experience negativity from groups, and/or threat of trespass. The one 'known' in this is that water level determines whether canoeing is environmental benign or not. A good rule is that you should be able to float. It sounds sarcastic but the most vulnerable areas of rivers are the gravels that are protected. These are important areas as 'nurseries' for a variety of species. Remember that you have paddles that can cause damage, and that getting into and out of the river should be done with consideration. Follow the outline beneath for more information.
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2. So what is the canoeing season?
There isn't one. Traditionally canoeists call the winter, the white-water season as that is when it rains, just as the 'Alpine Season' is when the snow melts. However, white-water paddling in Wales in high water conditions can and does happen at any time. Touring or placid water paddling is much nicer when it is warm than when it is cold.
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3. What is trespass and how does it affect canoeing?
Trespass is a civil action (tort) taken by one individual against another. It is a wrong against possession and not ownership; therefore a tenant can make a claim trespass on land they rent. In its basic form, trespass is NOT criminal, and therefore if you are canoeing you are not undertaking an illegal activity. There is very little, if any, case law of trespass claims against paddlers in Wales. In England there have been a handful of claims, with damages awarded to the claimant being minimal (50p in 1988).
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4. Is there other legislation that might affect me?
It is possible if trespass was proven to be a deliberate disturbance then this may escalate to aggravated trespass, which is a criminal offence. If you cause damage to property or are abusive to others there are issues of criminal responsibility. Careful actions and respect for persons and property should be maintained as with any other past-time. If you are ever in any doubt as to your safety, or are receiving intimidation, do not hesitate to call the police.
Another piece of legislation which is pertinent to canoeists is the Salmon and Freshwater Fisheries Act (1975 amended Water Resources Act (1991).
These state:
"any person who, except in the exercise of a legal right to take materials from any waters, willfully disturbs any spawn or spawning fish, or any
bed, bank or shallow on which any spawn or spawning fish may be, shall be guilty of an offence."
The Environment Agency advises its bailiffs however that:
"Unless fish are actually spawning, their disturbance is not an offence. Physical disturbance to spawning beds (e.g. trampling) is an offence even if spawning fish are not present but only if there is a likelihood that spawn may be present (i.e. during spawning periods). Fisheries bailiffs do not have powers to prevent anyone doing anything that may disturb spawning fish or beds. However, after being warned by a
Fisheries bailiff that their actions may result in such disturbance and disturbance occurs this may be considered willful and that person will be liable to prosecution if disturbance could be proven."
And further:
In respect of disturbance or hindrance to fish near obstructions there is little direct evidence that canoes will cause any problems, though their presence in a relatively confined channel through which a fish must pass may act as a deterrent. However, this is only likely to be a problem if there is extended presence of canoes over several hours. It is by no means proven that the passage of a canoe would constitute scaring or hindering fish, and the evidential burden of proving that this had occurred is considerable. However, it should be noted that under Section 17 of the Act actual scaring or disturbance must occur for an offence to be made whereas Section 12(1)(d) states liability to scare or hinder is an offence.
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5. So what is a water bailiff?
A water bailiff is a person empowered by an organization to maintain its interests. There are also Environment Agency water bailiffs who are required to carry identification and produce this on request. Unfortunately there are cases in Wales where this title is used indiscriminately. As with canoeists, there really should be no need to be anonymous.
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6. What should I do if I see someone else on the river?
Treat them as you would want to be treated, communication can go along way to creating an enjoyable day. If someone is swimming in a pool, try and wait until they signal to you that you can come down. The same applies with fisherman a friendly smile and wave will be received far better than charging down the river without respect. Remember most other countries in the world share resources, so meeting others isn't something to be scared of.
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7. What should I do if I am challenged whilst canoeing?
Remain polite, and communicate fairly with the challenger. There is no reason to hide your identity, or be aggressive. The sooner you can resolve the issue or move on the sooner both parties will get back to enjoying their day.
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8. Where can WCA give me permission to go paddling?
WCA cannot give permission to its members or the public, nor can we manage or deter people from paddling. It is up to the individual on the day, as to when, where and if they go afloat. Whilst the legal situation is unclear, we also advise that if you go afloat without the consent of landowner you may experience conflict or threat of action regarding trespass. You should make sure you are aware of the conditions, skill level of the group and appropriateness of the equipment. We strongly recommend that if you cannot judge these variables for yourself that you seek training.
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9. What is the WCA's view on fishing, and isn't canoe access detrimental?
All recreations and pastimes have a following and are beneficial to Wales. Canoe access isn't at the detriment of fish stocks, and with responsible actions from paddlers, should have little negative impact on angling. We believe that by codifying responsibilities for the public when in or around water it would ultimately benefit the natural resource through education. It is interesting to note that all access legislation introduced after the war reinforces private rights rather than detracting from them. If Welsh Assembly Government was mindful to follow Scotland's lead, there would also be a removal of national rod licensing.
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10. Are there wider benefits to legislation if WAG choose to pursue this route?
We recognize that land managers are under significant pressure at present. The mechanism for managing recreation available at present does little to aid them. There are understandable concerns about liability at present and we would strongly advocate that these concerns should be addressed. The process of consultation prior to intervention should allow all stakeholders to comment. The list of benefits with regards education, environmental protection, health and tourism is well documented. These would be complementary, not contrary, to private rights as they stand.
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11. Where can I get information about the rivers in Wales?
http://www.canoewales.com is an online resource, there is also information available at
http://www.ukriversguidebook.co.uk. Beneath is some generic information, about rivers. At present there is little real time information about river level, or local level education about environmental issues. EA(Wales) have a telephone service:
Environment Agency Wales - 0906 619 77 55
North Wales: Dee, Clwyd, Elwy, Conwy, Seiont, Llyfni, Dwyfor, Glaslyn, Dyfi, Dysynni, Wnion and Mawddach.
South West Wales: Rheidol, Ystwyth, Teifi, Aeron, Tywi, Cothi, Taf, E & W Cleddau, Loughor, Tawe, Neath, Afan and Ogmore.
South East Wales: Taff, Rhymney, Ebw, Usk and Wye.
Calls to 0906 numbers cost 60p per minute at all times (BT Premium Rate). Please note Payphones and non-BT network providers may vary. All Environment Agency profits will be used to fund fishery projects
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Take responsibility for your own actions.
The outdoors is a great place for sport, but it also a natural environment. Respects the needs of others to enjoy or earn a living whilst you paddle. Be aware of other users, hazards, act safely and follow reasonable advice. Paddlers will meet a variety of land and water users on their journeys. Common sense and polite communications can help and avoid misunderstanding.
- Observe the countryside code
- Stay away from houses and private gardens.
- Change Discreetly. Use public facilities and WC's where possible
- Park vehicles, so not to obstruct roads or entrances to buildings of farm property.
- Unload your kit with care and do not leave it in a manner that causes an obstruction.
- Use Public Rights of Way wherever possible, you may need consent if not using these.
- Respect all other water users.
- Keep the numbers in your party consistent with safety, the nature of the stretch of river and the impact on your surroundings.
- Be aware of everyone's ability.
- Use suitable equipment in good order.
- Avoid collisions, and indicate your presence to other vessels.
- Offer assistance to anyone in genuine need, on or off the water, but do not put yourself or fellow paddlers at risk.
- Show consideration for organized events and give way to their passage.
- Find out about the area before you go, noting its sensitive places, species and breeding seasons.
- Leave no trace of your visit and take your litter home with you.
- Treat places with care, leaving them as you find them
- Keep noise to a minimum
- Take care when scouting and when launching/landing along natural banks.
- Where possible keep to any designated paths or launching points.
- Avoid paddling over gravel banks in low water conditions
- Give wildlife a wide berth to avoid reckless disturbance
- Report pollution or suspicious activity to the relevant authorities
Passage by canoes causes no erosion, noise or pollution, and leaves no trace of it passing
Help land managers and others to work safely and effectively. Do not hinder land management operations and follow advice from land managers.
Take extra care if you are organising an event or running a business. Ask the land owner's and any other source of relevant advice in advance.
Useful numbers:
EA Environment hotline - 0800 80 70 60
EA General Enquiries - 08708 506 506
RSPCA emergency number - 0870 55 55 999
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