Foraging - is it legal?

[Mallimak]

Saw this article on the BBC News website and thought others may be interested:

http://www.bbc.co.uk/news/magazine-11584156

[MKG]

If you're on private property without permission, you're not foraging - you're trespassing.

If you're not on private property, then anything you find (with the obvious exception of protected species) is there for the taking - just make sure that you're absolutely correct in your identification.

The morality of foraging (or, rather, over-foraging) is a totally separate argument.

Mike

[zaxdog]

Not in Scotland you are not! We don't do "trespass"! In fact when some fool put up a No Trespassing sign we had a picnic beside it lol!

[MKG]

Hmmmmm. From a Scotland legal guide ...

Trespass

It is a perpetual myth that there are no trespass laws in Scotland. Even before the recent Criminal Justice and Public Order Act 1994, trespass has long been a delict (civil wrong) which is remediable by the remedies of interdict and damages. However, The Land Reform (Scotland) Act 2003 amends the Trespass (Scotland) Act 1865 and establishes a statutory right of access.

Certain types of trespass have been criminal since the Trespass (Scotland) Act 1865 was passed, an Act no-one has ever heard of. Section 3 makes it an offence for any person to lodge in any premises, or occupy or encamp on any land, being private property, without the consent of the owner or legal occupier. Admittedly this section envisages a degree of permanency which will not be present in every situation of trespass.

So I wonder ...

Anyway, there is no "right to roam" legislation anywhere in the UK which also gives the right to forage - see the comment on damages above. I was making the point that if you're not doing in your face "it's wild and I'm having it" militant stuff then it's highly unlikely that you're going to run into objections - unless it's from the nutty "leave it all alone 'cos it belongs to the wildlife" brigade who haven't the foggiest whereof they speak.

Mike

[zaxdog]

Hmmm and here was me under the impression that the acts said that as long as no harm was done to the land I could go anywhere in my own country!

[MKG]

Yes, but that's the point, zaxdog - what does "harm" entail? Even if you have a right to traverse land, the moment you bend down and pick a mushroom you could be accused of harm or damage. If that didn't apply to mushrooms, blackberries, elderberries etc., then it would be all but impossible to apply it to cereals and root crops - it would be open season. That's how the trespass laws have always worked (in England and Wales, at least). No-one ever actually got done for trespass (despite the "Trespassers Will Be Prosecuted" notices). But they DID get done for damage.

Asking permission to forage on private land never hurt anyone. On the other hand, why bother with the private land if there's a hunk of open land nearby?

Mike

[zaxdog]

I live next to common land so that's where we forage and gather our firewood! Although nobody here really gives a toss if you take some brambles etc and the lady next door frequently takes a few apples from our trees! And nobody can stop us fishing or tossing our creel!

[Darroch]

In New Zealand it's fairly common practice - Maori people have done it for years so it's a real cultural thing. There is most definitely trespass law here though. But so much land! A lot of foraging is done at the roadside - water cress etc. We have a triangle of land at the bottom of our drive that just grows what I thought were weeds until a man arrived at the house one morning to ask if it was ok if he picked some - it was called puha - I said of course and we had a right nice chat.

Seafood is another - we have mussels and oysters growing all over the place ( limits must be respected though) Pippis - yummy!

IN fact we're off this afternoon to collect pippis - free dinner

(Zacdog - I'm from Scotland too and also was under the impression we had a right to roam! But not do any damage. Live and learn.)

[zaxdog]

What is a pippi? Curious.......................

[Darroch]

pipis are small clams.
Pic is of some we got last year.

Funnily enough after writing that his morning we had a hankering for some so went to the beach, there's a wee bucket load of them in the sink just now!

[zaxdog]

Cool! We are due to go and check our creel at lunchtime (low tide) so cross your fingers for a big crab or lobster. We can gather mussels here by the sack but neither of us like them. Trying to figure out a way to eat them without the horrid texture. Maybe a soup?

[Tru&Ad]

Just wondering. Does Scotland have a problem with these overnight travellers camps being set up ?

[zaxdog]

Not where I live! They'd have to swim over lol!

That said I am not too sure about the rest of the country, hopefully some other posters will enlighten us!

[spider8]

We have travellers coming over usually once a year and they set their vans on the same spots each time, the landowners seem happy about it and let them camp there. They must think it worth their while to come over and pay the ferry fares.

[ina]

Just wondering. Does Scotland have a problem with these overnight travellers camps being set up ?

There are some places where it seems to be a problem - although I don't know of any on private land, it seems to be more on public car parks etc. There's a layby near here with wonderful sea views which seems to be a regular spot for them. It wouldn't be so much a problem if they didn't leave all their rubbish blowing all over the place... And I'm sure it tends to put off tourists - after all, it's mostly for them these laybys have been built. On the other hand, I know of a place also near here where somebody's been camped for months now, without any problems; but it's only one camper, sometimes two, and no rubbish in sight. So it always depends, doesn't it!

On the issue of foraging - a friend just told me at the weekend that somebody'd been taking loads of chanterelles out of their woods. At first I thought - blast, they shouldn't let them get away with it (especially because she said that he'd sell them to restaurants), but he did ask permission first, gave them a part of his findings, and anyway, she (or rather her men) wouldn't dream of eating them anyway... (Too exotic!)