Virtual Lancaster

(Updated 22/9/09): Local bird lovers have again raised concerns over jet ski use on the River Lune, concerned for the safety of nesting birds: but while the problem of ‘nuisance users’ appears to be growing, the question of just which local body should be dealing with it continues to mean no action is being taken

Most local jet skiers and water skiers are responsible uses of local waterways and continue to follow a voluntary code when enjoying their sport on the River and in the Lune Estuary, but a minority, causing major problems for local wildlife, are causing increasing concern.

Earlier this year, Steve Wallis, a volunteer for the British Trust for Ornithology‘s Wetland Bird Survey, told virtual-lancaster that on 24th August four jet skis reached Skerton Weir and one of them actually went over the weir and into the river proper and disturbed a huge amount of bird life.

“At high tide, the birds that normally feed at low tide take shelter above the weir until the tide goes down,” Steve reported. “As you can imagine, it was chaos and the skiers were totally oblivious and unconcerned about what they had done.”

As a volunteer for the wetland bird survey, Steve says the jet skiers are a huge disturbance every time he does his count. “They regularly skied up to the weir throughout the breeding season and caused total chaos scattering nesting birds.”

The problem is not a new one. Virtual-lancaster first reported on this issue back in 2004, noting that a voluntary agreement with jet and water skiers agreed some years ago means they are not meant to go beyond Carlisle Bridge.

“An agreement was made some years ago with the jet skiers that they would keep to the main body of the river and not enter channels off the Lune,” explains local bird lover Jon Carter, a regular contributor on wildlife issues to the Lancaster Guardian and until recently, the local co-ordinator for the BTO Survey.

Jon has been counting the Lune stretch from Lancaster to Conder for 20 years and says the voluntary agreement seems to be being ignored by many the current batch of watersports enthusiasts.

“I was rather hoping that the recession would see some of these fun-seekers tightening their belts and getting rid of their jet skis but it doesn’t seem to have had much of an effect.

“I have been aware of this problem for a number of years and we have tried to keep the doors of communication open with the jet skiers,” he adds. And, as water users predicted back in 2004, “The problem has increased since the speed limit enforcement on Windermere, suggesting that a number of jet skiers may well be from outside of the area and therefore uninformed of the voluntary restrictions in place.”

This would certainly seem to be the case, because since this story was first posted, jet skier Rob Cook has ‘come clean’ and admitted he is one enthusiast who took his vehicle just a little too far, taking it up and over the weir.

“I didn’t know at the time that this was not permitted,” he told virtual-lancaster, “and I will not be doing it again.

“We are not all maniacs,” he insists: his action was simple ignorance of the code.

“Some of us are very skilled riders who have the utmost consideration for the locals and the environment,” he adds.

“Granted, some members of our community are reckless and irresponsible,” he does admit. “They do have a tendency to ‘buzz’ fishermen and canoe users but on the whole we are not that bad.”

An Ever Growing Problem

Unfortunately, the problems caused by a small number of jet skiers does seem to be getting worse. “Apart from my BTO survey I visit this area daily, counting bird population and movement,” says Steve Wallis. “It’s not only the weekends when they ski this area: it can be any day of the week, often daily at high tide.

“A few weeks ago there were six jet ski and power boat racing near the weir and the smell from fumes was appalling as well as all the noise.

Badly affected were cormorants, returning to the Heronry on the island at Skerton. “The Cormorants are a shy bird and yesterday they were very badly disturbed,” Steve reveals.

Rob Cook suggests some simple things could be done to try and calm some of the excesses of some of the more ‘enthusiastic’ jet skiers.

“A speed limit and a sign on the shore by the Golden Ball pub explaining where we can and cannot ski,” he suggests, and “a map showing areas to avoid and an explanation of the reasons why.

“Most reasonable skiers will take notice of this, keep clear and keep the speed (and therefore the noise) down,” he feels. “The current sign on the pub wall is too small and not all the skiers go to the pub.”

Who Controls the Lune?

Unfortunately, as virtual-lancaster also discovered back in 2004, whether any action will be taken by local authorities remains uncertain, largely due to confusion over who is responsible for what parts of the Lune and its estuary. Green Councillors Jon Barry and John Whitelegg have investigated the issue on separate occasions, and the question of which local body polices which part of the Lune is proving an obstacle to any new byelaws being passed or action taken.

According to a senior council officer, while it appears the Port Commissioners based at Glasson Dock are responsible for the tidal part of the river to Skerton Weir, the Council doesn’t seem to know this for certain – but thanks to John Whitelegg’s efforts, are now at least seeking clarification. Lancaster City Council’s only responsibility arises as landowner of some of the river bank, and whilst the Council, as landowner, could perhaps seek to restrict access on to the river from its land, because the jet skis are actually using the Council’s land to launch, the Council therefore currently has no power to act.

Meanwhile, the Environment Agency, which has acted against nuisance caused by jet skiers in other parts of the UK, say that they are responsible only for the river upstream of Skerton Weir, and that they would only make byelaws for flood, drainage or water resource reasons.

This is all bad news for our local bird population: while use near Skerton Weir is fast becoming an issue, many are more concerned by jet ski use further down the Lune, especially on the marsh channels where birds are nesting.

The effects of noise will be even worse as winter approaches, because birds nest in the marshes have a very short time to feed, which they need to do to survive overnight cold. Any disturbance will wreck the feeding cycle — and the bird population numbers could be decimated.

Warnings Ignored

Back in 2004, Lancaster councillor Ron Sands argued action had be taken, pointing out then that the Lake District National Park Authority’s recently-introduced speed restrictions on Lake Windermere would lead to what he calls “a search by the hundreds of displaced skiiers for alternative habitats to destroy.”

One Local water sports lover – pointing out, rightfully, that most use rivers and waterways responsibly – suggested some 7000 fans of such activities would be displaced by the ban.

Sadly, Ron’s prediction has come true and, even more sadly, no-one in authority seems to have be prepared, as yet, to act.

Obviously, once informed of the voluntary code, some skiers such as Rob Cook are more than prepared to abide by it. There is other good news for our local wildlife, too: there is legislation in place that could be used, perhaps to address some of the issues.

The Wildlife and Countryside Act 1981, for example, specifically prohibits anyone from “intentionally or recklessly disturb any wild bird listed on Schedule 1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird.” Such actions should be reported to the Royal Society for the Protection of Birds, for one.

In Scotland, this act was amended by the Nature Conservation (Scotland) Act 2004 which has enabled specific prosecutions for the harming of wildlife by jet skiers, but it doesn’t appear that similar legislation has yet been enacted for England or Wales.

Despite apparently dragging its feet locally – and even, it seems, denying it has any powers to act – the Environment Agency, where it has responsibility for a river, now also seems able to act against jet ski mis-use. Peterborough Today reported it was recently called on to deal with jet skiers on the River Nene, after the paper have highlighted concerns there about jet ski nuisance.

The Environment Agency has also urged river users and passers-by to call a special hotline if they spot anything suspicious on 0800 80 70 60 or via their web site visit http://www.environment-agency.gov.uk/contactus

There seems no doubt that the British government dragged its feet to act on jet skis, but in addition to any UK legislation there appears also to be EEC legislation to back up any action taken.

Then of course, there’s the radical path. Novelist John Fowles has said he would like to machine-gun jet skiers near his home in Lyme Regis – although we’d argue, again, that many water sports fans aren’t causing problems, so that’s probably a little extreme…

• If you’re a bird lover concerned by potential nuisance caused by jet or water skiers, write to your local councillor: or you could try contacting the Environment Agency’s Biodiversity and Recreation Officer at their Preston office (Lutra House, Walton Summit, Bamber Bridge, Preston PR5 8BX) who may be able to facilitate some discussion between interested parties about the use of the river