WEEDCUTTING LEGAL POSITION AND CODE OF PRACTICE
LEGAL POSITION
The Environment Agency (EA) permits ‘free’ weed cuts (i.e. where the cut weed is allowed to float downstream) on the Rivers Test, Itchen and their tributaries, by arrangement with the Test and Itchen Association.
The alternative would be for the fisheries and other riparian owners concerned to take out all weed cut within their boundaries and dispose of it themselves – a potentially expensive and time-consuming operation, even where it is practical to do so.
The EA permission for the ‘free’ weed cut does not remove the civil law right of riparian owners to prevent weed drifting through their watercourses, or of the right to claim against whoever cut the weed if it causes damage. Riparian owners allowing weed cuts within their waters are recommended to examine their insurance cover in order to obtain suitable protection against claims for this activity. It is also wise to obtain agreement from owners downstream for their cut weed to float through.
Please remember that those who cut weed on your behalf can render their employer liable to others in damages if approved weed cutting practice is not followed. It is important therefore that persons carrying out this work are instructed fully and understand the position.
The staff and Board of the Test and Itchen Association are only well-intentioned intermediaries in this matter and cannot be held responsible for any damage.
WEED CUTTING PRACTICES
The following practices should be observed. They will not prevent all possible problems, but they should alleviate most of them. If necessary, ask one of the Weed Cut Wardens, the Test and Itchen Association office, or the EA for advice:
- Each weed-cut period comprises a number of Cutting Days followed by a number of Clearing Down Days. Weed must only be cut during Cutting Days. Weed may not be cut during Clearing Down Days
- If it is necessary to cut weed at all, start doing so as soon as the cutting period begins.
- Check your beat for hang-up points, fallen trees, bushes growing into the water etc, and resolve these potential problems before beginning the cut and clearing down.
- Start cutting at the bottom of your beat and work upstream (this allows the weed to float away as it is cut). Clear down as you are cutting to prevent large rafts of weed building up and to reduce the amount and density of weed during the clearing down period. It is better to cut lightly before the Ranunculus has flowered to encourage more vegetative growth (thus holding back the flow in high summer and increasing water depth). Too drastic a cut kills off growth and lowers water level dramatically. Where weed is thick, ‘bars’ or holes should be cleared to allow fishing.
- Overzealous weed cutting can result in deterioration of the river habitat and significant loss of fly life. Insufficient weed cutting can prevent cut weed from upstream passing freely downstream causing congestion and flooding upstream.
- The EA operates a boom on the Test at Greatbridge near Romsey to catch floating weed from upstream and remove it from the water. It helps them to do this if the strands are 3ft or more in length. They appreciate that where weed is sparse, this may be impossible.
- Each weed cut has allotted periods for cutting and for subsequent clearing down. Start cutting on the first day and stop cutting before the end of the cutting period. Use the clearing down period only for that purpose. Clear down all the floating weed still stuck in your water, before the end of the period.
- Each clearing down period is designed so that weed for that sector of the river can be cleared from the top of the sector, passed on from keeper to keeper until it exits the bottom of the sector in the time allocated (normally two days). It is important that the keeper at the top beat of each sector starts clearing down early on the first clearing down day and the procedure of handing over from keeper to keeper continues without interruption during daylight hours. Not doing so causes a domino effect all down the sector with the risk that the weed will not have cleared through the bottom beat of the sector by the end of the second day.
- Where weed cutting boats are used this should be co-ordinated such that they work in an upstream direction to allow weed to pass downstream freely. Weed-cutting boats should finish one day before the end of the cutting period.
- Maintain communication with at least two keepers/managers upstream and two downstream of your stretch to co-ordinate your cutting and clearing activities. Ideally, all weed from upstream should reach the top of your beat before you clear down, or you may have to do it twice. Consider the people on the stretch below yours and remember your legal obligations to them. A flush of water from an upstream hatch can help enormously with the clearing down.
- Cut weed which has hung up outside the weed cut and clearing down periods must be left until the next weed cut or pulled out of the river and not released downstream
- Weed cutting and clearing on the River Test is monitored by voluntary wardens who will pick up and investigate any cutting or clearing outside of the allotted periods and any other difficulties which may arise. Please give them your full co-operation particularly regarding free access to your beats. Please contact them if there are problems during the cutting or clearing down dates. Their contact details are provided at the end of this note.
- Grass cuttings and bank trimmings must never be put into the river.
- Above all else, be considerate and use your common sense. Do not send downstream what you would not want to receive from upstream.
CONTACTS
Test and Itchen Association Kimbridge Lane Kimbridge Romsey Hampshire SO510LE |
Test and Itchen Association Director: Paul Vignaux Mobile: 07340 865 502 |
Environment Agency Emergency Hot Line 0800 80 60 (24 hours) (mobile phone users must prefix 0800 number with *) |
In the case of difficulties on the River Test, the Association’s Voluntary River Wardens may also be contacted during the cut, clear-down and the period immediately after on the following mobile numbers. Please do not contact them at other times.
Lt Col Nigel de Foubert 07796 622208 During the weed cut
Mr Chris Geal 07710 063456 During the clear down
Lt Col Keith Fisher 07711 931812 During the three days after clear down