Strangford Lough candidate SAC,
Northern Ireland
The hand collection of intertidal
animals from the shores of Strangford Lough is a
traditional activity in the area. Bait digging for
lugworms and ragworms takes place on sediment shores,
where cockles are also collected. Winkles and peeler
crabs are collected for personal consumption and
for fishing bait, respectively.
Extensive intertidal areas of the
Lough are in private ownership, and private ownership
of subtidal areas is also claimed (but disputed
by the Crown Estate Commissioners). The National
Trust is one of the major land-owners in the area
(following transfer of land formerly part of the
Londonderry Estate). The National Trust has made
byelaws to protect the areas of land and the habitats
and species it supports which prohibit the disturbance,
injury or destruction of any living creature (so
far as this does not affect the rights of any person).
The judgement of Mr Justice Girvan
in the case of Adair v The National Trust
upheld the common law right of a member of the public
to gather shellfish (winkles and/or whelks) from
the waters, bed, and the foreshore of the Lough
owned by the National Trust. There can be no discrimination
between individuals who fish whether commercially
or as a recreation. The judgement considered that
the public right to fish in tidal waters is usually
extended to include the collection of fish, including
shellfish, on the exposed foreshore when the tide
is out. This conclusion was partly based on the
consideration that the common law right to collect
shellfish from tidal waters permitted the removal
of shellfish during periods of high water from areas
that would become foreshore later in the tidal cycle,
and that it was not logical to exclude collection
from the same areas when the tide went out.
The court also decided that members
of the public could take worms from the foreshore
as an ancillary to the public right to fish, but
not otherwise (e.g. not commercially).
Next section
References
|