BAIT diggers who damage the environment in Poole's inner harbour could face a legal crackdown by the council.

Hamworthy residents have long complained about the disturbance to birds and the mess left on paths by bait diggers in Holes Bay, leading to measures being taken in 2005.

Natural England (then English Nature) agreed a code of practice with Solent Area Bait Digging Association, to which many of the bait diggers belong.

"This approach worked to a small degree but did not cover non-members and the bait digging continued causing disturbance to residents and wildlife alike," said Clive Smith, head of leisure services, in a committee report.

Poole Harbour feeds nationally important numbers of birds in winter with avocets, black tailed godwits and oyster-catchers among species seen in large flocks.

"Having tried the informal approach to the situation and not achieving the desired results, the next option is formal control through a bylaw to control bait digging activity in this part of the harbour and to designate a part of Holes Bay as a Local Nature Reserve," he said.

After taking legal advice, the council believes that while a total ban is not achievable, a bylaw to restrict bait digging is possible.

In Holes Bay the majority of the inter-tidal mud is privately owned, with Canford Estates the majority landowner, and the council said the estates were agreeable in principle and other owners may be.

The proposed bylaw would stipulate no bait digging in Holes Bay north of the railway line at all times and no bait digging during January and February south of the railway line, because of the birds.

The report is due to go before an area committee on March 26 and public consultation will follow another meeting in June.