• REMINDER - COVID-19

    Any content, information, or advice found on social media platforms and the wider Internet, including forums such as YBW, should NOT be acted upon unless checked against a reliable, authoritative source, and re-checked, particularly where personal health and liberty is at stake. Seek professional advice/confirmation before acting on such at all times.

    Users who are found to promulgate FAKE NEWS on the forum in regard to this issue, intentional or otherwise, may find their access terminated. It is your responsibility to provide references to bona fide sources.

    FAKE NEWS, in this regard, is that which is posited by organisations, media, etc., that is repeated on the forum, or used to support personal opinion/hypothesis posted by users - FAKE NEWS is not necessarily the personal opinion/hypothesis being posted in itself, any issues with such should be challenged respectfully.

    IN ADDITION it seems that conspiracy theories are finding their way onto the forum. This is not the place for such content. Users who post it may find their access limited or permanently suspended. Please leave it where you find it.

Studland Bay - what you need to do

Babylon

Well-known member
Joined
7 Jan 2008
Messages
4,011
Location
Solent
Practically speaking...

I'm knackered, sea-sick, just come up from Dartmouth single-handed in a very small yacht, late for the tidal gate, its dark and blowing increasingly hard from the SW etc... I drop the hook in the lee of the headland at the southern end of Studland and fall fast asleep for a few hours until the tide turns fair and I'm rested enough to safely continue on to Hurst in early light, etc.

What then happens? Prosecuted? Criminal record?
 

oldharry

Well-known member
Joined
30 May 2001
Messages
9,152
Location
North from the Nab about 10 miles
Just done some checking, and it opens a clear line of defence along the lines of your thinking: " The Precautionary Principle: A Fundamental Principle of Law and Policy for the Protection of the Global Environment " https://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?referer=http://scholar.google.co.uk/&httpsredir=1&article=1335&context=iclr

"In terms of domestic law, the British Government has acknowledged the existence of the precautionary principle but actually applies a "preventive principle.".... Briefly stated, the aim of the preventive principle is to prevent damage to the environment once the damage is known or proved."

I am, as you know not a Lawyer, and perhaps I could ask one or two of you who are to take a closer look at this. But it seems on the face of it (and this is legalese, and its not a safe assumption that it means what I think it does) but it seems pretty clear to me from this that application of the Precautionary Principle requires some pre-existing burden of proof that damage will occur. This document is fairly old, and the law may have changed since. I cant properly evaluate this, but I think I know a man who can!
 

oldharry

Well-known member
Joined
30 May 2001
Messages
9,152
Location
North from the Nab about 10 miles
Practically speaking...

I'm knackered, sea-sick, just come up from Dartmouth single-handed in a very small yacht, late for the tidal gate, its dark and blowing increasingly hard from the SW etc... I drop the hook in the lee of the headland at the southern end of Studland and fall fast asleep for a few hours until the tide turns fair and I'm rested enough to safely continue on to Hurst in early light, etc.

What then happens? Prosecuted? Criminal record?
I did exactly that some years ago, in a 26 footer. I have put that and various other scenarios to MMO in my submission as part of my section on ' Safety'. I highlighted that the size and conditin of the yacht, and its level fo equipment is no indicator.

A strong fit crew in a good boat will be having a great sail. Identical boat, but crewed by non too fit middle aged couple, lacking experience, tired, seasick etc are heading into serious trouble, quite possibly involving RNLI, HMCG, and SAR units, with potential loss of life and equipment, if denied access to Studland. A mobo, with an engtine running slightly rough, or perhpas a little hotter than normal, can quickly make Studland to check things out, and remove what is very likely a fuel or coolant blockage which would otherwise become disabling with all the attendant risks.

The decision to stop or carry on MUST remain solely with the person in charge on the spot, and there must be NO other pressure or factor in that decision.
 

eddystone

Well-known member
Joined
18 Aug 2013
Messages
1,452
Location
SW Leicestershire
Playing devils advocate you had a choice, ie to go sailing, that led to that situation. Given random events like weather if any recreational sailing could potentially lead to events, in an emergency, where sea grass/seahorses are put at risk clearly then recreational sailing cannot be allowed
 

oldharry

Well-known member
Joined
30 May 2001
Messages
9,152
Location
North from the Nab about 10 miles
Playing devils advocate you had a choice, ie to go sailing, that led to that situation. Given random events like weather if any recreational sailing could potentially lead to events, in an emergency, where sea grass/seahorses are put at risk clearly then recreational sailing cannot be allowed
This isnt about whether we should or should not take risk. Life is full of it. The question here is how to define the point at which an emrgency afloat should override conservation restrictions. All conservationists say 'of course a boat can anchor in an emergency. Their pereception is black skies, towering waves, lifeboats, and probably a choir singing ''for those in danger on the sea' somewhere in the background! Yes Im being cynical, but the reality we all know is that an emrgency can start in perfect conditions. Whether it develops into a full blown SAR job depends entriely on the inial action of the skipper. We maintain that closing Studand reemoves a vital option on 40 miles of rocky lee shore for resolving things befroe they go out of control. In the 10 years I have been involved I have asked for this defintion. MMO will have to rpovide it if they contemplate restrictions on Studland.
 
Top