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Men shooting on Cowpen Marsh

Started by peregrine, September 24, 2011, 08:37:59 PM

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peregrine

On three occasions this week I've seen men with dogs shooting on Cowpen Marsh. At dawn, three or four cars parked up with men in camouflage clothing with labradors roaming the marsh seemingly with shotguns, possibly wildfowling. At dusk I also observed a single van parked up with two individuals walking onto the marsh carrying guns. I found this quite surprising  not just because of the proximity to an RSPB reserve, but I'd always thought Cowpen Marsh was English Nature land ! Is this the case ? If it is just farmland and they have the farmers permission then is still not against the law to shoot so close to a public road ? 

tonyg

Hi peregrine this statement is taken from the BASC---- In England & Wales it is an offence without lawful authority or reasonable excuse to discharge any firearm within fifty feet of the centre of a highway which consists of or comprises a carriageway, and in consequence a user of the carriageway is injured, interrupted or endangered. [Section 161(2) of the Highways Act 1980].

It is important to remember that the discharge of a firearm is not prohibited in itself. It must also be proved that there was an injury, or that someone's passage was interrupted or interfered with e.g. they have been forced to make a detour. For the purposes of Section 161 (2) of the Highways Act 1980, a 'highway' is restricted to a public right of way for the passage of vehicles and does not include footpaths, cycle tracks or bridleways.

peregrine

Seems ironic and sad that ducks and geese flying over an RSPB reserve can be blasted from the skies half a mile later.

RCT

Some wildfowling group has always had permission to shoot over Cowpen Marsh (hence the hides on Holme Fleet) although I thought that this had ceased. As far as I was aware the RSPB was involved in some way in Cowpen Marsh at the moment, a recent sign mentioned a planning application to alter water levels. If this is the case then surely the shooting will soon cease.
Cheers
Richard

Ted Parker

The RSPB is to undertake an ambitious project in the near future to 're-wet' Cowpen Marsh SSSI and has recently applied for Planning Permission to Stockton-on-Tees Borough Council.  Over recent years, the marsh has progressively dried out as a result of tipping on the adjacent Cowpen Bewley Landfill Site, which has adversely affected the hydrological conditions.  RSPB commissioned a hydrological survey and, through a system of sluices and channels, aims to ensure that it remains wet following implementation of the project.  This work is to be highly commended.

In commenting on the RSPB's Planning Application, TBC specifically requested if shooting could be terminated on the marsh.  It seems contradictory to spend a significant sum on re-wetting the site to attract more waders and wildfowl whilst at the same time allowing shooting to continue.  The wildfowling rights are granted to the wildfowlers directly by the landowner, Ineos Chlor, not by RSPB, and these rights have been in existence for a considerable number of years. 

In view of this, TBC has requested that the RSPB, Natural England and Ineos Chlor resolve the situation and consider banning shooting on this important site.

Ted Parker