Is foraging legal?

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Is foraging legal?
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Went

Joined: 19 Mar 2006
Posts: 6968

Posted: Fri Oct 22, 10 6:21 am Post subject: Is foraging legal?
https://www.bbc.co.uk/news/magazine-11584156 Useful overview of the law here.

Cobnut

Joined: 29 Aug 2008
Posts: 475
Location: North Herefordshire

Posted: Fri Oct 22, 10 6:52 am Post subject:

..."It's all a matter of common sense. You should never pick all there is, you should always leave plenty for others to enjoy - including wildlife," says Mr Woods...

..."I know of people being told off for picking blackberries and sloes by some local wildlife groups, on the grounds that these should be left to ensure biodiversity," says Matthew Oates, the National Trust's conservation advisor...

This is why I am uncomfortable about foraging; I would not be collecting the edibles to survive but just to add variety to my diet, yet I feel as though in doing so I am depriving animals of what they do need to survive. There may be a glut of berries but birds trying to fatten up for the winter will need them far more than me, and 1 portion to me would feed many small animals. I just feel rather guilty taking more than a couple of berries whilst I walk. At the moment I’m happier growing my own, but possibly once I’m living on the bread line and a trip to the shops is difficult I will make blackberry and apple crumble again.

mochyn

Joined: 21 Dec 2004
Posts: 24585
Location: mid-Wales

Posted: Fri Oct 22, 10 7:01 am Post subject:
Unless you went out with a lorry it owuld be hard to overpick blackberries! I know what you mean, though.

Cobnut

Joined: 29 Aug 2008
Posts: 475
Location: North Herefordshire

Posted: Fri Oct 22, 10 7:14 am Post subject:
There weren’t that many blackberries round here which is probably why I felt too guilty to pick more than a couple of them. I need to do a UK tour of the best bramble sites I think

mochyn

Joined: 21 Dec 2004
Posts: 24585
Location: mid-Wales

Posted: Fri Oct 22, 10 7:19 am Post subject:
You're always welcome up here. We had more than we could ever use.

dpack

Joined: 02 Jul 2005
Posts: 45515
Location: yes

Posted: Fri Oct 22, 10 9:20 am Post subject:
if one observes nature very few few resources are the limiting factor for wildlife ,ethical foraging exploits gluts of supply just like the critters do ps if it is me or the slug the blewit is mine

sarahloo

Joined: 01 Jun 2007
Posts: 125
Location: Reading, Berkshire

Posted: Fri Oct 22, 10 9:55 am Post subject:

Cobnut... wrote:

I know of people being told off for picking blackberries and sloes by some local wildlife groups, on the grounds that these should be left to ensure biodiversity," says Matthew Oates, the National Trust's conservation advisor...

People sometimes get a bit silly about these things. Surely it's better for wildlife if you pick fruit from the hedgerows rather than buying it from a supermarket,where it's been flown in from god-knows-where and probably fertilised and insecticided* like crazy...

And most foragers would never over-harvest. Most foragers care a very great deal about nature and the environment!

* I think I just made up a word.

Hairyloon

Joined: 20 Nov 2008
Posts: 15425
Location: Today I are mostly being in Yorkshire.

Posted: Fri Oct 22, 10 10:22 am Post subject:

Theft Act wrote:

A person who picks mushrooms growing wild on any land, or who picks flowers, fruit or foliage from a plant growing wild on any land, does not (although not in possession of the land) steal what he picks, unless he does it for reward or for sale or other commercial purpose.

So are people who are running foraging courses and charging for it picking for commercial purpose?

PeteS

Joined: 06 Dec 2006
Posts: 874
Location: Hampshire

Posted: Fri Oct 22, 10 11:05 am Post subject:

Hairyloon wrote:

Theft Act wrote:

So are people who are running foraging courses and charging for it picking for commercial purpose?

This leagal stuff has been going around and around on other threads in this forum.

Technically, if the person running the course picked something without that land the land owners permission then they are breaking the lawn. However, practically is anyone going to bother? Look at the case of Mrs Tee:

https://news.bbc.co.uk/1/hi/england/hampshire/6170458.stm

Clearly she was openly breaking the law but...

"The criminal charges were thrown out in May this year and a judge at Southampton Crown Court ordered the Forestry Commission to pay all costs, estimated to be in six figures".

Then they ended up giving her a licence to pick all the mushrooms she want for her entire lifetime!

And you can get around the law if the person running the foraging course does NOT pick anything. The clients, or people on the course, can pick as they are simply picking for personal consumption. It is their choice whether they pick the fungi etc. or not.

Geoff

Joined: 22 Sep 2010
Posts: 215

Posted: Fri Oct 22, 10 11:18 am Post subject:

PeteS wrote:

And you can get around the law if the person running the foraging course does NOT pick anything. The clients, or people on the course, can pick as they are simply picking for personal consumption. It is their choice whether they pick the fungi etc. or not.

So they would actually have to prove that the person running the course was picking fungi. This would require photographic/video evidence, provided the people on the course were unwilling to drop the course leader in the doodoo.

crofter

Joined: 11 Feb 2007
Posts: 2252

Posted: Fri Oct 22, 10 11:24 am Post subject:

PeteS wrote:

https://news.bbc.co.uk/1/hi/england/hampshire/6170458.stm

What is the "England code"?

Quote:

"We will continue to apply the England code of mushroom picking which enables individuals to collect up to 3.3lb (1.5kg) of fungi for personal consumption, but which does not support unregulated commercial picking."

PeteS

Joined: 06 Dec 2006
Posts: 874
Location: Hampshire

Posted: Fri Oct 22, 10 11:25 am Post subject:

Geoff wrote:

PeteS wrote:

Yep.

Hairyloon

Joined: 20 Nov 2008
Posts: 15425
Location: Today I are mostly being in Yorkshire.

Posted: Fri Oct 22, 10 12:35 pm Post subject:

PeteS wrote:

Look at the case of Mrs Tee:

https://news.bbc.co.uk/1/hi/england/hampshire/6170458.stm

Clearly she was openly breaking the law but...

Ah, but she was not breaking the law. That was the ruling of the court... and if costs ran to six figures then it probably was not very clear.

PeteS

Joined: 06 Dec 2006
Posts: 874
Location: Hampshire

Posted: Fri Oct 22, 10 3:41 pm Post subject:

Hairyloon wrote:

PeteS wrote:

Look at the case of Mrs Tee:

https://news.bbc.co.uk/1/hi/england/hampshire/6170458.stm

Clearly she was openly breaking the law but...

Ah, but she was not breaking the law. That was the ruling of the court... and if costs ran to six figures then it probably was not very clear.

Well, that was not the ruling of the court...

https://www.guardian.co.uk/uk/2006/nov/25/ruralaffairs.foodanddrink

"finally the judge threw it out because he said it was a waste of public time and funds; the Forestry Commission had to pay her costs".

"We still believe commercial picking is potentially an offence under the Theft Act," said Mike Seddon, deputy surveyor of the Forestry Commission for Dorset and the New Forest. But in light of the Tee-Hillman case he accepts "we will have to consider our future policy".

Potentially?

Hairyloon

Joined: 20 Nov 2008
Posts: 15425
Location: Today I are mostly being in Yorkshire.

Posted: Fri Oct 22, 10 4:25 pm Post subject:

PeteS wrote:

Hairyloon wrote:

Ah, but she was not breaking the law. That was the ruling of the court... and if costs ran to six figures then it probably was not very clear.

Well, that was not the ruling of the court...

"finally the judge threw it out because he said it was a waste of public time and funds; the Forestry Commission had to pay her costs".

I stand corrected.

The Guardian wrote:

She says she made 32 appearances in court because the case was adjourned so often; finally the judge threw it out because he said it was a waste of public time and funds; the Forestry Commission had to pay her costs.

Any idea why it was adjourned so often?

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