I posted on a case here recently, where DEFRA had prosecuted someone for picking chanterelles in the New Forest. They imposed a limit to mushrooms you are allowed to collect (2.5lb) after growing concern on the impact of increasingly commercial scale picking of fungi.
The Guardian carried an article yesterday focussing on this subject and also confirmed the outcome of the case, notably;
Guardian Online - Truffle trouble. Peter Marren. Wednesday August 16, 2006
Just to clarify the laws relating to fungi (and wild plant) foraging. From English Nature;
They also provide a sensible guideline for people who wish to pick here;
The Wild Mushroom Pickers' Code of Conduct
I think this case raises some interesting issues. Firstly it gives a pretty good idea of how the law operates in reality, i.e. giving due consideration to circumstance and scale. As case law (I guess it forms a judgement which would be considered in other similar cases. I don't believe that DEFRA are appealing the case) it gives us a clearer idea of how the existing law may be interpreted.
It also highlights the growing issue of large scale cropping of a wild resource for gain, where it is not just 'a few for the pot' but hundreds of kilos of fungi, which a street price of many thousands of pounds. And another aspect of the increasing pressure on our natural resources and countryside.
Personally I agree with Michael Jordan in the article, in that whilst there is no clear understanding of the long-term impact on fungi (primarily from the disturbance and compaction of delicate, under-storey habitat), even if the actual picking of the fruiting body (the mushroom) may have little impact on their continued survival) then we need to err towards caution. Also, by gathering in such a clinical and wholesale fashion, it will inevitably impact on the chances of casual foragers in finding any. Don't people have a (moral) right to enjoy such simple activities and also to experience the simple wonder and beauty of a wild plant as much a part of our countryside as bluebells and butterflies?
In Russian for example, where the afforested land extends over many hundreds of thousands of hectares the commercial cropping of wild fungi has little impact (perhaps locally?). Hence the fact most wild mushrooms you eat in restaurants or buy dried in a supermarket originate from there; where they pay pence per kilo, process on an industrial scale and provide much needed income in rural areas. To an extent the same is true in Scotland where, as the article touches on, they have really begun to consider the impact as well as the opportunities. The NTFPs in Scotland initiative seems a good example of how commercial exploitation of natural resources can be undertaken with a balance between providing needed rural employment, exploring the uses of, otherwise not utilised; natural products which our ancestors certainly understood and used.
There is a very interesting recent report on this subject produced by the Forestry Commission in Scotland which covers a lot of this. It can be downloaded free here:
Wild harvests from Scottish woodlands. - Social, cultural and economic values of contemporary non-timber forest products
The Guardian carried an article yesterday focussing on this subject and also confirmed the outcome of the case, notably;
The article is here;The case was heard in Bournemouth crown court last spring, with Defra arguing that taking products from the forest for commercial gain was like stealing apples from someone's garden. But the judge, John Boggis QC, dismissed the case, on grounds of pettiness. He was there, he said, to try muggers and drug dealers, not ladies who pick mushrooms. This was not a matter for the criminal courts. Defra, with egg on its face, dropped the action.
Guardian Online - Truffle trouble. Peter Marren. Wednesday August 16, 2006
Just to clarify the laws relating to fungi (and wild plant) foraging. From English Nature;
source: http://www.english-nature.org.uk/science/botany/plant9.htmFungi and the Law
There are two main laws which may protect fungi:
The Theft Act 1968 which applies only in England and Wales
The Wildlife and Countryside Act 1981, and similar laws in Northern Ireland and Scotland
Under the Theft Act it is an offence
to dig up and take any plant, tree or shrub or any soil, peat, gravel etc which is part of the land, being the property of somebody. Digging up fungi could constitute theft unless you have permission.
to take the property of somebody and sell it for gain. the Act recognises the custom of taking wild fruit and flowers, including fungi, and permits such action so long as there is no personal financial gain. Collecting fungi for sale without the landowner's permission may be an offence.
Under the Wildlife and Countryside Act, 1981 it is an offence
to pick, uproot, destroy or sell, and/or collect and cut any plant listed on Schedule 8 of the Act (protected species) which includes some species of fungi
to uproot any wild plant, unless the person is authorised. As "plants" include fungi and lichens on Schedule 8, it is clear that fungi are treated as plants for the purpose of this Act. To pick fungi without uprooting them is probably legal, but see the Theft Act outline above.
Areas of land which are Sites of Special Scientific Interest and National Nature Reserves under the Act have special protection which will have been made known to the landowner or occupier. This may restrict the collection of fungi.
There may also be local Byelaws on Local Nature reserves, property belonging to the National Trust, Forestry Commission or Local Authorities, under which it is an offence to pick fungi and plants.
It is always worthwhile checking with landowners and managers whether these laws apply to their land and to ask their permission to enter their land, particularly if you want to collect fungi.
They also provide a sensible guideline for people who wish to pick here;
The Wild Mushroom Pickers' Code of Conduct
I think this case raises some interesting issues. Firstly it gives a pretty good idea of how the law operates in reality, i.e. giving due consideration to circumstance and scale. As case law (I guess it forms a judgement which would be considered in other similar cases. I don't believe that DEFRA are appealing the case) it gives us a clearer idea of how the existing law may be interpreted.
It also highlights the growing issue of large scale cropping of a wild resource for gain, where it is not just 'a few for the pot' but hundreds of kilos of fungi, which a street price of many thousands of pounds. And another aspect of the increasing pressure on our natural resources and countryside.
Personally I agree with Michael Jordan in the article, in that whilst there is no clear understanding of the long-term impact on fungi (primarily from the disturbance and compaction of delicate, under-storey habitat), even if the actual picking of the fruiting body (the mushroom) may have little impact on their continued survival) then we need to err towards caution. Also, by gathering in such a clinical and wholesale fashion, it will inevitably impact on the chances of casual foragers in finding any. Don't people have a (moral) right to enjoy such simple activities and also to experience the simple wonder and beauty of a wild plant as much a part of our countryside as bluebells and butterflies?
In Russian for example, where the afforested land extends over many hundreds of thousands of hectares the commercial cropping of wild fungi has little impact (perhaps locally?). Hence the fact most wild mushrooms you eat in restaurants or buy dried in a supermarket originate from there; where they pay pence per kilo, process on an industrial scale and provide much needed income in rural areas. To an extent the same is true in Scotland where, as the article touches on, they have really begun to consider the impact as well as the opportunities. The NTFPs in Scotland initiative seems a good example of how commercial exploitation of natural resources can be undertaken with a balance between providing needed rural employment, exploring the uses of, otherwise not utilised; natural products which our ancestors certainly understood and used.
There is a very interesting recent report on this subject produced by the Forestry Commission in Scotland which covers a lot of this. It can be downloaded free here:
Wild harvests from Scottish woodlands. - Social, cultural and economic values of contemporary non-timber forest products