1. Managing Recreational Activities - : A Guide for Local Authorities LGA Coastal SIG Meeting 17 February 2004 Presented by Jonathan McCue Principal Coastal Consultant (Co – authors Terry Oakes and Tim Badman)

2. Purpose of the Project Prepare a guide for English Local Authorities on existing coastal byelaw powers. Build on the review of Inter- Departmental Working Party (October 1998), Implement Working Party recommendations Managing Recreational Activities – A Best Practice Guide for Maritime Local Authorities

3. The Problem Managing Recreational Activities – A Best Practice Guide for Maritime Local Authorities

4. Such a variety of recreational activities take place in the coastal zone These different forms of recreational activity use different areas of the coastal zone, These take place at different times of the day, week and year and they have different levels of risk. Consequently, they need different controls. Managing Recreational Activities – A Best Practice Guide for Maritime Local Authorities

5. What do you believe is the best approach for managing activities in coastal waters? Managing Recreational Activities – A Best Practice Guide for Maritime Local Authorities Education and raising awareness Information provision Partnerships Voluntary regulation Byelaw enforcement Regulations backed up with education Consultation Maintain a 'zero tolerance' policy

6. Those activities that prove the most difficult to regulate include: PWCs. Kite surfing. Land yachting. Cycling and skateboarding. Drinking on beach BBQs. Dog walking. Bait digging. Shellfish collection. Managing Recreational Activities – A Best Practice Guide for Maritime Local Authorities

7. The Methodology and Findings Managing Recreational Activities – A Best Practice Guide for Maritime Local Authorities

8. Project Tasks Consultation - 483 Questionnaires dispatched. Use of case studies to demonstrate problems/good practice. Workshop event involving key stakeholders. Review current enforcement, good practice and other aspects. Review existing model text. Investigate compilation of a nationally consistent approach. Production of Issue Activity Sheets. Managing Recreational Activities – A Best Practice Guide for Maritime Local Authorities

9. Type of activitye.g. Surfing Issues associated with activity. Under which byelaw power(s) is this activity managed? Where has management of this activity through byelaws been successful and why? Where has such management been unsuccessful and why? Is a byelaw the best management approach (alternative legislation/voluntary initiative)? Are there any issues associated with implementing enforcement? What changes could be made to improve enforcement procedures? Can this activity be managed through voluntary initiatives? Give example. How viable is a voluntary approach to managing this activity? What methods are used to communicate these byelaws to the public for this activity (e.g. signage)? What are the indicators required to determine the need for byelaws? Highlight any other key points of note Issue/Activity Analysis Managing Recreational Activities – A Best Practice Guide for Maritime Local Authorities

10. Over 60% of consultees have used byelaws to manage coastal activities The most commonly used byelaws : - Harbours, Docks and Piers Clauses Act (1847), - Public Health Act (1961) section 76 - Public Health Acts Amendment Act (1907) Sect 82-83. These three byelaws account for approximately 70% of all byelaws in operation Managing Recreational Activities – A Best Practice Guide for Maritime Local Authorities Using Byelaws

11. Consultees believe that they would use byelaws more if : they were implemented more quickly. there were higher penalties. courts took offences more seriously and there were more resources to enforce them. Managing Recreational Activities – A Best Practice Guide for Maritime Local Authorities Using Byelaws

12. Model Texts for Byelaws - Findings Only 50% of respondents have used the Government model texts The most commonly used texts are those for Seaside Pleasure Boats, Pleasure Boats and Vessels, The Seashore and Pleasure Grounds, Public Walks and Open spaces Very few consultees knew what changes to make to the model texts Consultees want to see model texts for PWCs, kite surfing and land yachting. Managing Recreational Activities – A Best Practice Guide for Maritime Local Authorities

13. Voluntary Initiatives: Results Over 40% recognised problems with developing voluntary initiatives 27% had problems during implementation Approx. 90% of those involved in such initiatives believed in the benefits of the schemes. Managing Recreational Activities – A Best Practice Guide for Maritime Local Authorities

14. How can byelaws be monitored?  Police  Water and land based patrol officers  Lifeguards  Council inspections  Public complaints  Harbour Master  Dog wardens  Assistance from sports clubs  Landowners  Seasonal seafront wardens  Port security  CCTV Cameras Managing Recreational Activities – A Best Practice Guide for Maritime Local Authorities Enforcement

15. Enforcing Byelaws: Findings Various reasons for weak enforcement include : Lack of resources for enforcement time taken to implement byelaws, cost of prosecutions, the feeling that the police did not take breaches seriously enough, a lack of public awareness, and the time required to adapt or update byelaws as situations changed. Common breaches include: dog fouling on beaches, breaking of speed limits and use of PWC outside of designated areas. Wardens and patrols are most commonly used to enforce byelaws. Breaches often due to a lack of awareness and understanding. Managing Recreational Activities – A Best Practice Guide for Maritime Local Authorities

16. Signage signage and public information needs to be providing a consistent message at a national level.

17. The Guide Managing Recreational Activities – A Best Practice Guide for Maritime Local Authorities

18. Overview of the Guide The Guide offers practical guidance to help develop appropriate forms of management of the coast as a public asset. It identifies many coastal recreation activities, as a broad spectrum of activities currently take place at the coast (eg: dog walking and beach games to the more modern activities of kite surfing and para-karting). The Guide reviews current practice for voluntary and statutory recreational management and from this, identifies good practice examples. Managing Recreational Activities – A Best Practice Guide for Maritime Local Authorities

19. Overview of the Guide The Guide is designed to help clarify the current management framework, provide ideas and advice on managing recreational activities in coastal areas. The Guide identifies responsibilities for management (eg: MLA’s; MCA) Guide will be of use for HAs and other regulatory bodies responsible for promoting, managing and participating in recreational activities at the coast. Encouraging MLAs to be proactive is a key message in this Guide. Managing Recreational Activities – A Best Practice Guide for Maritime Local Authorities

20. Overview of the Guide Key good practice principles are : Act with full understanding of the issues. Act when needed and ensure action is proportionate to the issue. Work positively with users using effective means of consultation and communication. Think carefully about scheme design in partnership with users and ALL regulators. Use a variety of measures. Managing Recreational Activities – A Best Practice Guide for Maritime Local Authorities

21. Designing a Management Scheme Managing Recreational Activities – A Best Practice Guide for Maritime Local Authorities

22. Model Texts for Byelaws - Findings Managing Recreational Activities – A Best Practice Guide for Maritime Local Authorities

23. The Way Forward Managing Recreational Activities – A Best Practice Guide for Maritime Local Authorities A Published Guide is to be formally produced by Defra for Maritime Local Authorities by April 2004. Key aspects of this work are being considered in the ICZM Stocktake exercise for the UK. Should separate Beach Safety Seminars (risks and liabilities etc) be arranged to “kick start” this process?? (eg: work of Penwith DC – Sept 2003) jonathan.mccue@atkinsglobal.com