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Presentment: Recreation Events at Night

Last month the Commoners Defence Association noted problems with the planned 2nd December, Hampshire Maverick Silva Dark Series trail running event.  It is in early evening, but in hours of full darkness (starts an hour after sundown, and a quarter hour after end of twilight). It is sponsored by a headlamp manufacturer promoting a range of LED headlamps that emit 250 lumens over 65 metres [1] (The top of their current range outputs 1500-2000 lumens over 175 metres! [2]).

The nocturnal disturbance of both livestock (as noted by the CDA) and wildlife by a mass event on the Forest, alone, is of concern, but use of high powered LEDs will greatly compound that disturbance. The NFA object to the event as an inappropriate precedent for both reasons. This is, as well, a fundamental conflict with all aspirations to maintain tranquility within the Forest and night-time dark skies above it.

Research on light disturbance has shown bats, amphibians and plants affected by relatively low levels of light. The route comes as close to the A337 as 1500 metres, which could prove fatal to motorists if easily spooked deer bolt towards the road.

This event, if held in daytime, or more appropriately off the SSSI, would be relatively benign [3]. The Forestry Commission have clearly worked hard to mitigate a bad situation created by the event’s organizers, and their permission [4] explicitly states that this is a one-off and that “any future night time events would need to be run at other venues off the New Forest” suggesting Moors Valley as an alternative. Head torches are restricted to Max 250 lumens, max beam length 50m, and must be angled downwards.

A FC spokesperson informed me that the permission would not have been granted if the event were a later time in the evening, or if it was outside the short window of hibernation for many local species. Unfortunately, nature isn’t that simple. At least 11 bat species have been recorded in the route area, including some of the most light-averse. All these bats move in and out of hibernation November to March, rousing to feed when the weather is mild, with early evening as their peak time in winter [5].

The media have lost all the nuances: the route restricted to the gravel tracks in Inclosures (from original plan on open forest), limitations on lighting, and that the FC regard this as a one-off.  The reporting has oversimplified the FC assessment to suggest it “poses no negative impact on the SSSI”. A hard to support statement, which without the context of the prescribed restrictions, sends an erroneous, dangerous message.

This official FC permission will beget the expectation for more large scale after dark events, from the public unaware of even minimal limitations which should be observed, and encourage greater after dark usage both organized and unorganized, at even more damaging times of the year. Creating new unprecedented levels of disturbance on protected habitat at a time where there would be little or none is simply unacceptable.

The NFA hope the Verderers will join us in asking the Forestry Commission, and those who would sensibly enjoy the Forest, to let it, in the name of tranquillity, the livestock, and the wildlife, have a well deserved rest.

Annotations below refer to the bracketed numbers in bold above [n]….

[1] The event offers participants free test use of their previous slightly weaker range (170 lumens over 50 metres), which they no longer produce. The route starts and ends at Foxlease, goes through Clayhill and deep into Denny Wood, Parkhill and Standing Hat inclosures.
[2] That’s roughly the same as a single standard H1 Car head lamp on main beam. 12 Runners with the highest permitted beams will emit approximately as much light as a single car.
[3] …presuming it is well run, safe and considerate to other Forest users, and tidies up after itself.
[4] The Permission includes the following non-boiler plate requirements:

  • “Competitors will be restricted to using head torches with Led bulbs, Max lumens 250, max beam length 50m. All torches must be angled down. Marshals must keep lighting to a minimum as well as per runners.”
  •  “The permit is for this event only please note any future night time events would need to be run at other venues off the New Forest – we will look to offer Moors Valley as an alternative.”
  • “The route as agreed…. It is vital to keep to the tracks and paths as details on the maps provided.”
  • “All gates must be manned to prevent ponies and cattle going through and to ensure that there is no access by vehicles. Gate must be closed after use.”
  • “All litter must be cleared up and signs removed by the following day at the latest.”

[5] from nearby Busketts Lawn there have been records of at least 5 species in late December.


Public Pressure on the Forest : Presentment from the New Forest Young Commoners Group

Here we welcome a guest post from Oliver Cook, Chair of the New Forest Forest Young Commoners Committee, who gave this Presentment in this month’s Verderers Court.

As Young Commoners, we recognise the vital contribution that tourism plays in the local economy and through the very definition of “Commoning” we very much understand the concept of sharing this remarkable area that we are fortunate enough to live and work in with others.

Despite this we too are genuinely concerned by the effect that ever increasing public pressure is having on the Forest’s Landscape, ecology and traditional practices (particularly commoning). Greater visitor numbers is not something that is going to change, nor should it, however we believe that actions must be taken now to help manage the associated impact.

This is not the responsibility of any one body. We believe that it is the responsibility of all individuals and organisations that have a management role or other interest in the Forest. The commoning community is currently looking into how social media can help educate visitors of the Forest to ensure that they are better informed on how the commoning system works and how they can come and see our livestock without inadvertently putting themselves or our animals in danger. We are here today to call for support from the key Forest Authorities to assist us in our challenge, and we make the following four requests and recommendations:

  1. We believe that the quality of the experience for all users should be prioritised over the quantity of visitors that we can get to the Forest. Whereas other National Parks may struggle to attract visitors to support the tourism industry, our problem is how to manage the large volume of visitors that we already receive. Our first request therefore is that there is a shift in policy away from the Forest’s Authorities proactively marketing the New Forest as a tourist destination, which includes promoting arranged events/attractions.
  2. We echo the CDA’s concerns with the increasing number of organised events in the Forest and their impact on commoning activities. The difficulties of trying to navigate the Forest roads with a livestock trailer when there is yet another organised cycle event on or being prevented from “drifting” a particular area due to concerns that there is another organised event on or that there are simply too many people, are specific examples of activities which are collectively beginning to reduce the enthusiasm of the next generation of commoners to get involved. Clearly the implications of this do not need to be explained.We suggest that an effort is made to encourage organised events to take place on Private land which is not as environmentally sensitive and where events are not going to provide obstacles to commoning activities.
  3. We are very concerned by the lack of understanding that our visitors (from both nearby and afar) have about the New Forest. We feel there needs to be a greater effort to inform and educate people on the “do and donts” of our “working Forest”. We urge all Forest Authorities to be more proactive in this regard, whether it be at the Forest Campsites, carparks or on various social media platforms.
  4. The enforcement of the Forestry Commission’s bylaws should be a method of last resort, however, we believe that their profile should be raised and their messages promoted. Also, their enforcement must be one of the tools in the toolbox to be deployed in certain circumstances when there is a clear repeated breach due to a lack of respect for the Forest. We believe that there is currently an impression given that there is no will for them to be enforced, surely this is not a healthy impression to give.

Let me be clear, we are not asking to have the Forest to ourselves, we are simply asking for help with mitigating the impacts of a problem, which if not addressed, we believe will see a decline in the enthusiasm of the next generation of commoners to get involved.

Oliver Cook. a practicing Commoner, is Chair of the New Forest Forest Young Commoners Committee. This has been shared with his express permission, and represents the view of the New Forest Young Commoners Group.


Recreational Harm : Presentment from the Commoners Defence Association

Here we welcome a guest post from Dr Tony Hockley, Chairman of the New Forest Commoners Defence Association, who gave this Presentment in this month’s Verderers Court.

The September court heard several presentments on pressures and abuse of the New Forest. The CDA supports such concerns.

Commoners have long been involved in educational efforts. But education alone will not suffice for companies that see the Forest as a profit opportunity, or for those who care only for their own entertainment.

Enforcement action is a sad necessity. In 2005 the Forestry Commission prosecuted one of the kite-buggy riders using Wilverley Plain*.  That sent a warning to others.  Similar resolve is needed on other routine breaches of the byelaws.

I would highlight two current issues that typify the challenges that can only be resolved by the Forestry Commission:

  • The Ordnance Survey, another public body, has started to facilitate mountain-bike trespass; allowing subscribers to its online mapping service to upload their routes for others to follow. The Forest is now covered with these unlawful routes.
  • On 2nd December the Forest will face its first commercial event in the hours of darkness. It is sponsored by a headtorch company, and hosted by Foxlease. For £30 entrants are offered the thrill of a night-time incursion into Forest. The company says that the racer will have: “a wealth of wildlife to keep your mind occupied”.  **

Both of these are abuses of the Forest that the Forestry Commission could and should stop. It seems that the tranquility of the Forest is being sold to anyone capable of making money from it whilst we all stand by. Our livestock and this special place deserve much better and we would urge to Court to do whatever it can to make this case.

Dr Tony Hockley is a Practicing Commoner and Chairman of the New Forest Commoners Defence Association.  This has been shared with his express permission, and represents the view of the CDA.

* Verderers Court minutes, January 2006 (item 2006/2082).
** This event is promoted by Maverick Race as part of their Silva Dark Series of night time trail running events, Silva is the headtorch sponsor.


Saving the Future of the Forest: a Verderers Court Presentment

Here we welcome a guest post from one of our Members, Ian Thew of Burley, who gave this Presentment in this month’s Verderers Court.

Official Verderer, members of the Verderers Court, good morning and thank you for this opportunity to speak to you..My name is Ian Thew and I live deep within a New Forest Inclosure and for many years I have been an active New Forest Sporting Licencee; in consequence of which, I’m probably more aware of what is happening on the Forest than most people.

I am here today to express my fears for the future of this unique place that we call the New Forest. The New Forest National park is the smallest and in many ways the most fragile of all the National parks but contains more special designations protecting fauna and flora than any other. During the past few months, I have witnessed enumerable off-road and night-time cyclists; many, so called, wild campers; overnight camper vans in Forest car parks; several incidents of fly-tipping and on two occasions my wife and I have been subjected to, all night long, heavy base music bouncing across the Forest and, on another occasion, we had to deal with a party of rowdy scouts at 1.30 in the morning. I could go on but I do not wish to waste the time of this court; I am merely trying to demonstrate the enormity and the variety of the abuse that this Forest is being subjected to.

It is obvious, from the overflowing car parks and the masses of gazebos and tents that sprout-up like small villages across the Forest during the summer, that there are just too many visitors for this fragile environment to cope with. At the moment, recreation is taking precedence over conservation and protection of the environment which is in direct contradiction of the Sandford Principle.

There is no doubt that visitors are here to stay and, as one who makes part of his living from tourism, their business is welcome. But, for the sake of the future of the New Forest, their numbers must be limited to a sustainable level and their activities must be restricted to those that do not inflict harm on this very special environment. The ground rules should be clearly apparent to all who come here so that ignorance cannot be used as an excuse by those who offend and, similarly, it should be policed and there should be provision to enable those who are protecting the interests of the Forest to penalize or prosecute those who choose to ignore these rules.

Enforcement of the by-laws on the New Forest Crown Lands is the responsibility of the Forestry Commission who seem to be reluctant to prosecute offenders. Furthermore, we have been told that budgetary restrictions have reduced the numbers of front-line people on the ground. But this cannot be used as an excuse for the ruination of the New Forest and the necessary funds must be made available to enable sufficient policing and prosecution when necessary.

This budgetary shortfall is now common knowledge and I am often rendered speechless and helpless when informed by offending, anarchistic visitors that there is nothing I, or anyone else, can do about them. Surely it’s time that something is done, before it is too late, to stop these people, who are hell bent on destroying that which we all love and cherish and that which the majority of people come here to enjoy.

That his Forest is under threat is obvious to all; so what are we going to tell our grandchildren or our great grandchildren when they ask us why we didn’t do something to save it before it was too late?

I request that the Verderers use the authority of this court to urge the Forestry Commission to police the New Forest and enforce its by-laws and, similarly, to urge the New Forest National Park Authority to exercise their duties in accordance with the Sandford Principle.


Presentment: Thanks to FC for continued Fungi policy / England Coast Path shortcomings


The NFA hope the Verderers will join us in thanking the Forestry Commission for their continuing attempts to protect fungi vital to the habitat of the Crown Lands. As they did last year, the FC are still working to disrupt the illegal commercial picking and appealing to the public not to pick as well. In this, the Forestry Commission are fulfilling their legal duty as stewards of the Forest habitat.

The national code of conduct[*] says It is inappropriate to pick fungi from SSSI or National Nature Reserves – the Crown Lands have the Status of both. It is explicitly illegal on National Trust land under their byelaws, and would be illegal under the FC byelaws[†], but for the loophole created by reclassification of fungi as separate to the plant kingdom.  Under the Wildlife and Countryside Act 1981[‡] on SSSI’s “intentionally or recklessly destroying or damaging flora or fauna by reason of which land is of special interest” is an offence. The New Forest is one of the few SSSI’s so notified for the special interest of its fungi.

Picking any of the Red Band Rare Species of Fungi[§] is absolutely illegal by anyone, anywhere, and carries £5k fine per item with jailtime and vehicle forfeiture. The NFA believes that prosecution of these offenders would discourage commercial foragers more than lesser penalties under the Theft Act 1968.[**]

England Coast Path

I listed some of the England Coast Path’s shortcomings at the July Court, now a short update.

Currently the Natural England Coastal Team have offered a Sensitive Features Appraisal to determine exclusions for habitat, a very narrow consideration of features at risk. Unless this were to exclude the route, spreading and coastal margin from the highly protected areas out of hand, we should insist upon the more comprehensive, higher standards of a Habitats Regulation Assessment.

The new timeframe for the Consultation on the Highcliffe to Calshot stretch (set to begin between September 27th and October 19th ) unfortunately the majority of the consultation would fall before the next meetings of both the New Forest Consultative Panel, and the Local Access Forum, after next Monday’s meeting of the National Park’s Recreation Management Strategy Steering Group and with no planned meetings for the Advisory Group. This threatens to exclude any measured joint response from local stakeholders. As a member of the Steering Group, we hope the Verderers will join us in calling for an extraordinary joint meeting of both RMS groups to consider the consultation. Natural England are blaming their “parent” DEFRA for the time frame, and a looming March 2018 implementation date. We may need to remind both government departments that they should not be forcing a rush to judgement where disturbance to our most remote, isolated and protected coastal habitat is concerned.

[*] The Wild Mushroom Picker’s Code of Conduct 1998

[†] FC byelaws 1982, Section 5 Prohibited Acts: “No person shall in or on the lands of the Commissioners: … (vii) dig up, remove, cut or injure any tree, shrub or plant, whether living or not, or remove the seeds therefrom, …”

[‡] Wildlife and Countryside Act 1981 Section 28 (P)

[§] Schedule 8 Wildlife and Countryside Act 1981

[**] Given the indiscriminate harvesting by commercial pickers, it is likely that, if caught, their haul may include samples of rare species which may be used in evidence.


England Coast Path: Our Letter to the New Forest Access Forum

England Coast Path

The England Coast Path (ECP) will create new non-historically based Rights of Way which may also join up existing Rights of Way, including the Solent Way. It will also provide spreading room in the form of the coastal margin defined between the route of the path and the water’s edge. This is particularly problematic as our coast includes a nearly uninterrupted series of highly designated and protected habitats of international importance alongside which the route will necessarily skew inland. The New Forest Association wish to raise concerns about the scheme, many of which will pertain regardless of the published route.

Increased use and disturbance:

New routes will impact on tranquility and habitat disturbance. Joining up of existing routes will increase their use and hence their impact. Spreading room applied to existing routes will create new access which will also cause disturbance to areas those routes avoided. With no funding for mitigation and parking infrastructure; some stretches, near or on small country lanes in the most remote parts of our coast would exacerbate the verge parking problem.

Coastal Margin:

Whilst Natural England’s powers to exclude areas from the coastal margin include habitat considerations under Section 26 of the CROW Act, the protective measures are paltry (minimal signage and barriers) and the Ordnance Survey’s depiction of all potential coastal margin as one colour shading without differentiating or delineating the exclusions will mislead many into protected areas. Worrying precedents have been seen: the published proposed Portsmouth to South Hayling route appears not to have any habitat exclusions under S26, this leads to glaring omissions of vulnerable wader roosts on vegetated shingle beaches (Consultation ending Sept 13th 2017).

There are weak provisos that the OS will claim covers the depiction issue (see figure). These do not even mention exclusions for habitat protection. There is no guarantee that this language will even be included on all relevant OS maps, nor that they will be featured at any remarkable scale for legibility. Excluded areas should be the majority of the margin along our coast, and should either be shown accurately, or not shown as access land at all.

The coastal margin / spreading room model is wholly inappropriate for our coast. Setting exclusions at mean high water mark could allow access into neighbouring excluded area at all times outside of high tide. Intruders can simply walk across from adjacent accessible foreshore. Additionally as the crossing point for rivers are necessarily sufficiently inland, the model becomes unworkable, complicated by different handling of “rivers” and “estuaries” and the length of a piece of string debate as to where one definitively leads to the other.

According to the NE Coastal Team “Discussions regarding the representation of the coastal margin were held with a national stakeholder group, this involved NE, NFU, RSPB, CLA, National Trust and the OS amongst others – this representation is not within our remit.” Despite this, NE still have the obligation to protect the coastal habitats that may be trespassed upon as a consequence of the depiction issue.

Weak Habitat Protection:

There is little or no serious consideration of sea level rise and effects of erosion. Where present, again ignores coastal habitat value and frames issues solely within effects to landowners. Coastal habitats would end up being squeezed between the established path and the advancing sea.

Currently the Natural England Coastal Team have offered Sensitive Features Appraisal which narrowly considers only certain items at risk, as if in isolation. The higher standard provided by Habitats Regulation Assessment is more appropriate for this very protected stretch of the National Park. Unless the proposed Appraisal were to exclude the route / spreading / coastal margin for these areas out of hand, the Habitats Regulation Assessment should be insisted upon. We would expect this to exclude these habitats comprehensively.


While the path is being promoted for useful alternative recreation, pleasant views and tourist destinations, in other regions this may be desirable. Here it is:

  • Unnecessary – There is no actual need for the path.       The Forest does not want for draws to Tourism.
  • Arbitrary – The notion of a “coastal” path is merely a goal for completists, like those who want to walk Hadrian’s Wall, Land’s End to John’O’Groats etc. While a nice paper exercise for box tickers and sponsored walks, other paths / destinations are otherwise available.
  • Redundant – The Solent Way (aka Solent Coast Path) already follows much of the Hampshire coast line and passes through the New Forest; it also forms part of the European Coastal Path (E9).
  • No Benefit – Any suggestion that the path would draw recreational pressure away from other areas of the Forest is a robbing Peter to pay Paul argument, and perhaps worse as the coastal habitats have been better protected and thus more prone to fresh disturbance than other areas where sadly much damage has already been done.

Consultation on the Highclifffe – Calshot stretch:

Unfortunately the consultation timeframe (eight weeks, likely 27th September to Nov 22nd) unhelpfully falls between both the New Forest Access Forum and New Forest Consultative Panel quarterly meetings and does not take into consideration either of the pertinent National Park’s Recreation Management Strategy Steering and Advisory Groups. I’ve suggested NE move the end date to December 21st at the earliest, two weeks after the Consultative Panel, but I otherwise presume sub-groups would be formed to respond within the currently mooted dates. I respectfully offer any sub-group formed by this Access Forum, at its convenience, a presentation from one of the New Forest Association’s ecologists which would help contextualize the extremely high value of the habitats and species at risk near or on the route. I hope this would convey a more comprehensive picture of what’s at stake, than the information provided by the Natural England team tasked with delivery and promotion of the route has yielded thus far.

Thank you for your time and attention to this important Access issue,


Brian Tarnoff
Chair, Habitat And Landscape Committee
New Forest Association / Friends of the New Forest

Update: We would now withdraw our objections about the Sensitive Features Appraisal, which should overlap sufficiently with a Habitats Regulation Assessment, however, we would still insist that the route and spreading room should comprehensively exclude the important designated habitats.

Although the timeframe of this consultation has slipped repeatedly since originally mooted for February 2017, the March 2018 launch date has fallen just after the 12th March meeting of the New Forest Local Access Forum, would have fallen after the 1st March meeting of the New Forest Consultative Panel.  The Panel was postponed by inclement weather to 19th April, giving it less than three weeks to formulate comment on the consultation (and its 72 page overview 81 pages of route detail and 213 page Sensitive Features Report).


Presentment: England Coast Path

Legislation has mandated the England Coast Path, which in other regions may provide useful alternative recreation, pleasant views and tourist destinations. For the New Forest it will invite more disturbance into our most precious coastal habitats, a nearly uninterrupted series of highly designated and protected zones of international importance.

There is no funding for mitigation and little regard for infrastructure; some stretches, near or on small country lanes in the most remote parts of our coast, precisely where we wouldn’t want to exacerbate the verge parking problem.

The Ordnance Survey will show the entire “coastal margin” (the entire seaward side of the path) as “access land”, without delineating exclusions. As the route is likely to be significantly inland and much of our coast will be excluded for habitat protections, this depiction will be grotesquely inaccurate. Arguments will be had with visitors assured by the allegedly definitive map that they (and their pets) may trespass on bird nesting grounds regardless of what the signs say. The Ordnance Survey should restrict their illustration to the route of the path itself, and only show coastal access land as it unambiguously exists now at Calshot, Lepe Country Park and other similar extant areas.

Unfortunately these problems will be pertinent wherever it may be proposed, and we expect the consultation on the Lymington to Calshot route from Natural England later this month. We hope the Verderers will help press the case with the Ordnance Survey and will resist the worst excesses of this arbitrary unnecessary exercise which will bring not a jot of benefit to the Forest.

[Note: this is the graphic that may appear on some of the OS maps. There are weak provisos that the OS will claim covers the issue. These do not even mention exclusions for habitat protection. There is no guarantee that this language will even be included on all relevant OS maps, nor that they will be featured at any remarkable scale for legibility.

Excluded areas will be the majority of the margin along our coast, and should either be shown accurately, or not shown as access land at all.

Natural England have the unhappy task of negotiating the route, and they and the National Park Authority will be responsible for signage and maintenance of any physical barriers to nominally protect the route.


“Look, Don’t Pick” – The Arguments

Over the months since the Forestry Commission announced their “Look, Don’t Pick” Policy for Fungi on The New Forest SSSI on the Crown Lands under their stewardship, we’ve heard a number of arguments against this move.  The NFA support the Forestry Commission’s policy as an important step to honouring the protections the habitat of the New Forest has, and ought to have in practice.  In that spirit we offer our rebuttals below:

Foraging is wonderful and magically connects people to nature.

Fine, just not fungi + here, please.

The New Forest is amongst the most highly protected habitat we have.  Would you challenge the existing prohibitions on fungi foraging on Wildlife Trust or National Trust land? The New Forest SSSI has the status of a National Nature Reserve.  

We could quibble that you shouldn’t need to ingest nature to enjoy and appreciate it, but then again Chris Packham once said he started his journey eating tadpoles he’d found.  No accounting for tastes. Foraging can foster a relationship for many with nature, but this is a protected habitat, we’re just asking those who actually care about nature, to respect its protection and find their fungi elsewhere. 

We’ve done this for thousands of years (Entitlement vs loss of habitat)

You speak of what’s been done for “thousands of years”, that includes loads of behaviours that are no longer appropriate in the face of unprecedented population growth, habitat loss and climate change.  Butterfly collectors once showed their appreciation of Lepidoptera by popping them in killing jars then mounting them on pins.

More than one in ten UK species is now threatened with extinction.  The house is burning, and you’re concerned with raiding the larder.

Where is your proof of the so-called gangs? (Denial)

They and their effects have been seen  by the Forestry Commission Keepers and Ecologists, the National Trust Rangers, the Hampshire Fungi Recording Group, other local surveyors, and many of our members.  Last Autumn the Forestry Commission intercepted 140 groups and/or individuals as part of their “disruption” campaign, seizing and destroying amounts over the then “personal” limit.

You’ll forgive us if those of us out walking don’t whip out our cameras and ask strangers engaged in illegal activities to pose nicely to satisfy your curiosity.  Or that we haven’t photographed every square fungi populated inch of the Forest ahead of time so that when it is subsequently stripped of fungi we could provide a before and after (hopefully recorded at exactly the same angle for the before and after).  The experiences and observations of many individuals, seem to count for nothing to those in denial.  

If you are that sceptical would a photo of a group of people holding bags in a wood convince you of anything? Or before and after pictures? If the FC put wildlife monitoring cameras by some patches of rare fungi, that would be rightly deemed too big brother (although police have said a private land owner doing this to catch similar acts would be perfectly legal).

You are criminalising ordinary people.

Similar bans already exist, the inclusive language of the Epping Forest byelaws have allowed the Keepers employed by the Corporation of the City of London to enforce its policy against fungi forage.  Meanwhile the CROW Act which opened up larger areas of countryside to Ramblers has an overarching ban on foraging on the nationwide network of Rights of Way, and the Right to Roam areas.

This is a SSSI, the FC already had the right to authorise picking of fungi under the consents they have from Natural England.  Their byelaws ban removal of a range of things that are not currently enforced, and it is only a trick of taxonomy that fungi are excluded (FC byelaws prohibit: dig up, remove, cut or injure any tree, shrub or plant, whether living or not, or remove the seeds therefrom, or dig up or remove any soil, turf, leafmould, moss, peat, gravel, slag, sands or minerals of any kind).  It is as much a policy decision to choose not to enforce all the elements of the byelaws as to restrict fungi foraging under their SSSI consents and the precautionary principle to protect the entire habitat.

The Wildlife and Countryside Act 1981 is the legislative instrument that defines the protections for wild animals and plants and defines Sites of Special Scientific Interest along with their extra protections and the statutory obligations of their landowners.  Rare species found on the Schedule 8 list, often referred to as the Red Band or Red List Species, are protected from being picked, uprooted or destroyed (section 13 subsection 1), and further from being sold, transported for sale, or even advertised for sale (subsection 2).  These are arrestable offences, the CPS guidance for prosecutions :

Most offences are punishable on summary conviction by six month’s imprisonment and/or by a maximum fine of £5,000 (level 5). Where an offence is committed in respect of more than one bird, nest, egg etc the maximum fine shall be determined as if the person had been convicted of a separate offence in respect of each such item.

In addition to offences being multiplied by number of items taken, the law also gives power of forfeiture: 

Under s.21 (6) b a court may in the same circumstances order the forfeiture of any vehicle, animal, weapon or other thing used to commit the offence found in the offender’s possession. Forfeiture of a vehicle is often likely to be an effective means of deterring repeat offences relating, for example, to rare birds and eggs as well as of incapacitating an offender’s future ability to conduct such activities. ….

The section 13 protections apply ANYWHERE in the Wild, not just SSSI.  The Red List includes fungi species such as the tasty, targeted and allegedly medicinal Hericium erinaceus (bearded tooth).

Hericium erinaceus in the New Forest

On SSSI’s intentionally or recklessly destroying or damaging flora or fauna by reason of which land is of special interest is an offence under the Wildlife and Countryside Act 1981 Section 28 (P).   The New Forest is one of the few SSSI which have fungi as one of these notified features of special interest. Whether or not the fungi harvested is one of the notified species, the ancillary consequences of the activity of foraging, including trampling and disturbance may be covered by this as well. Hefty penalties invoked here may give prosecutions considerable bite.  Damage to SSSI could be prosecuted, and yield realistically punitive fines (£10k-20k).  Of course the burden of proof is less straightforward than the section 13 offences, but I’m describing this to show the extent to which some fungi foraging activities were already criminal, and the legal basis which obligates the Forestry Commission to protect the notified features of the SSSI it manages.

This is Common Land – don’t we have the right to forage from it as part of rights of Common?

The Crown Lands are not actually registered commons as applies under the Commons Registrations Act, and so would not implicitly include any rights that may be extended to registered commons either under that act or in common law.

The modern legal framework for the Forest rights as applied to the New Forest are in the New Forest Acts which clearly defines rights of Common for the Crown Lands, these 1) don’t include Foraging 2) can only can be claimed by those occupying land with registered rights attached.

The ban is not scientific, because we have studies that show that harvesting fruiting bodies doesn’t have a detrimental effect.  (Selective research)

Compared to botany, mycology is positively medieval.  Not enough is known. We’re only just now coming to appreciate the complexity of the relationship between mycorrhizal fungi and the trees they service symbiotically.

There are only have a handful of studies on a few species, some not in comparable locations/habitats, that show negligible effect on individual fungi organisms of picking fruiting bodies, but not much on the long term viability of a given species and genetic diversity over time given the disruption to dispersal mechanisms.  

These studies do not consider the knock on effects on the rest of the ecosystem, putting aside the fruiting bodies as a food source, at least 600 (likely over 1000) species of invertebrate are reliant on them for their life-cycle (many are species specific).  Committed eggs don’t have the luxury of jumping to unpicked neighbours.  There are no studies showing ancillary effects on the rest of the ecosystem, therefore no substantial body of evidence for sustainability.  

Furthermore, the “sustainability” argument shouldn’t even apply on a SSSI with fungi as one of its notified features.  An attitude that recognises only supporting science in isolation, claims an absent weight of evidence, and ignores the bigger picture, is utterly self-serving.

Europe is a free for all.

This is simply not true.  France and Spain have no go areas.  There are licensing schemes in Italy and Poland and other eastern European Countries.  It is unlikely you would be allowed to pick fungi at all in Poland’s National Parks which include Strict Protection Zones, no go areas for any human interaction — reasons given include fungi conservation along with other habitat considerations, some parks even have buffer zones excluding people from an area outside the park.  Other European countries have similarly strict regimes if they have signed up to the level of habitat protection promoted by the IUCN and the Biosphere initiative.

Just because European cultures supposedly favour a tradition of fungi forage doesn’t mean they are blind to the need for conservation.  The Crown Lands of the New Forest have the highest levels of habitat and landscape protections and designations available in UK law.

And Finally, that old, ahem, chestnut: It’s just like picking Blackberries!

NO IT ISN’T (sorry for shouting):

  • Blackberry population is much greater and currently sustainable.
  • Blackberry pickers take only the fruit, not the entire visible portion of the plant.  In the protected landscape of a National Park the autumn display of fungi should be left for all to see.
  • Blackberry fruits are only harvested by pickers when they are ripe, they may be eaten by wildlife before this, and when pickers miss the optimal ripeness opportunity, after. Fungi are being removed when they are seen, not left for an optimal ripening.  If picked when still at “button” stage, they have not released spores.
  • The seeds in blackberry fruit are part of its distribution mechanism, the amount left unpicked, and fed upon by wildlife sustainably spreads the next generation.  Fungi fruiting bodies contain spores that go unreleased if they are picked, and may contain insect eggs, interrupting both distribution mechanisms, depleting the next generation of invertebrates.
  • Blackberries tend to conveniently, for pickers, grow on the sunny side of rides and paths, much blackberry picking is done from here, an inherently more robust location, without, or with much less disturbance to undergrowth.  Fungi are spread throughout the woodland floor. The trampling damage by harvesters alone is of grave concern, and contributes to potentially damaging operations which are restricted on SSSI.
  • The fruiting mechanism in plants is much better understood.  While there are studies that allege sustainability of picking based on individual mycellium continuing to produce the fruiting bodies, there is no body of work to show the extent to which this may stress the mycellium, or degree to which the organisms other ecosystem functions are altered by the energy and nutrient that must be expended in that process.

So again, NO IT ISN’T!!! (sorry for shouting, again).  To be glib (but no less right): no one is worried about the decline of the blackberry, get back to us if this changes.
If you are using the blackberry analogy, you are either willfully ignorant, or presume your audience is gullible. You should drop that line of argument, it makes you sound like an idiot or a con man.

Limited apologies if you feel we’ve oversimplified the case against (done for style, and attempted brevity).  We’ll welcome nuanced discussion, and well founded arguments, should they arise.


The Wild Trout Trust and New Forest River Restorations

For some perspective on some of the issues raised by river restorations we contacted the Wild Trout Trust, themselves deliverers or partners in many river restoration projects addressing similar issues to those met by the Latchmore proposal.  As it turns out, they had made an advisory visit in September 2015; this was undertaken by their Conservation Officer, Mike Blackmore.

Their advisory visit programme is “very much focussed on identifying good and poor trout habitat and what can be done practically to make the poor good. Mike looked at a 1 km reach of the Brook and a 500m reach of a tributary, the Thompson’s Castle Stream.” 

Their key findings were:

  • Valuable wild trout habitat is under threat by the status quo condition of the Latchmore Brook and tributaries.
  • Channel incision and accelerated morphological processes as outlined by the JBA Consulting report and as observed during the site visit are limiting the abundance and quality of marginal habitat (important for freshwater invertebrates and juvenile trout). These factors are also likely to be significantly impacting the viability of spawning habitat in the main channel.
  • Reconnecting paleo-meanders will result in a net increase in habitat for wild trout (as a result of increased channel length) and is likely to help protect existing spawning habitat by reducing the rate of channel incision and the magnitude of cut and fill events.
  • The overall paucity of in-stream and low-level bankside woody habitat features significantly limit the abundance, diversity and quality of cover and refuge habitat for trout.
  • Habitat quality and diversity is being significantly reduced by over-grazing and bank poaching by livestock.
  • Further habitat enhancement, including tree planting and the introduction and retention of woody habitat features, will be required to provide a good quality and diverse habitat for wild trout.
  • Improvement in the wild trout population of the Latchmore Brook and the aquatic ecosystem upon which it is dependent will require a significant change in land management including improved protection of the riverbanks from grazing livestock.

Their conclusions recognize the problems with the status quo and acknowledge the benefits of the project to fish species and wildlife. They also suggest measures which would make the habitat optimal for trout species, promotion of stream shading scrub, and fencing to prevent livestock poaching scrub and vegetation bankside, which would fly in the face of traditional forest management, and would even restrict the amenity in ways to which even the protesters would object.  How would Forest users react to the sight of a fenced off stream, with access only through gates?

Scrub does vary over time, and we know that historically there has been, at times, little scrub along stretches of the stream on the open forest.  Even now, there is about a kilometre stretch with next to no riparian shade.  The Commoners often push for active scrub removal to create more grazing (The NFA will usually push for key nectar species to be left where possible), and of course the livestock themselves will have nibbles that hamper growth.  

So, neither the current stream nor the proposed change would be absolutely ideal for fish species, but here’s where the point is being missed by objectors’ narrow focus.  Habitats are complex.  What benefits some species may be detrimental to others.  The biodiverse rich habitat of the New Forest is not managed solely for any single species.  Scrub removal may warm some of the unshaded water, but this will benefit the Dragonflies, even if it narrows the tolerances for the fish.

Despite the insufficient scrub, both historically and at present, fish tolerate the conditions in the Brook.  Restoring the meanders will recreate the more natural morphology that benefits these species.  The claim that changing the stream will frighten away shy fish, is refuted by many the projects elsewhere aimed at wild fish habitat improvement which restore meanders (some other successful projects go even further and create meanders), including projects directed at fisheries (over 900 in the RRC database), and even more strikingly here in the New Forest, by the fish themselves.  Brown Trout were recorded spawning in a restored section at Harvestslade within three months of the completion of that project.

We thank the Wild Trout Trust for their permission to share their findings (particularly their director, Shaun Leonard who provided the bullet point summary quoted above), and for their candour and generosity in response to our queries.  We commend them for their fine works in implementing and promoting habitat restoration. According to Environment Agency monitoring, their upper Itchen project has produced a four-fold increase in trout biomass, compared to unimproved, control sites.

For further information on some of their projects, and ways to help, on the WTT website: 


Chalara Ash Dieback Reaches The New Forest

At tonight’s Consultative Panel, the Deputy Surveyor announced the first laboratory confirmed case of ash dieback within the New Forest National Park.  This was discovered in trees near Picket Post.

Chalara Ash Dieback is a disease caused by fungal infestation of Hymenoscyphus fraxineus.  This fungus originated in Asia, where it is benign to the native Ash species.  The disease was first identified in Europe as Chalara Fraxinea in Poland in 1992. It is devastating to European species of Ash, and is now firmly entrenched across mainland Europe.  2012 saw the first confirmed cases in the UK in a Buckinghamshire nursery in imported plants from the Netherlands.   East Anglia, Kent and Essex have had the highest concentration of cases so far, but the outbreak is spreading to the west, with cases in the wild in Wales, and past the Forest to Cranbourne Chase and further west in southern England.

The fungus produces tiny fruiting bodies on the leaf stalks of infected trees.  By the following summer these produce spores which spread to other trees via their leaves.  A slightly different form of the fungus then migrates into the branches and trunk where its mycellium interrupts the flow of water and nutrients, slowly starving the tree.

Little can be done about it, there is no treatment.  It kills small trees very quickly.  Mature trees may be severely weakened, then killed by secondary pathogens.  Some survive indefinitely in a weakened state, and there may be various degrees of resistance in these, although they remain infected carriers. The only active practical measure that may be taken, as the spores are spread in the leaf litter of infected trees, is basic biosecurity, clean your boots off between walks in different woodlands, limiting transport of, or treating wood harvested from infected trees, etc.

Small comfort, but the Forest landscape will be less impacted than much of the countryside, as Ash is less common on acid forest soils, typically present here in wet/riverine woodlands.  That does not reduce its threat to the overall biodiversity of the country, nor the potential impact on the forest’s habitat assemblies that include Ash.

One resistant tree has been identified in the UK, and several on the continent, which may support future propagation and DNA fingerprint tests for other resistant trees.  Panel Chair and botanist Clive Chatters observed that this is not as bad as Dutch Elm disease. That outbreak was exacerbated by the lack of genetic diversity in Elm (once intensively nursery produced), whereas in Ash in the wild “there is a vast amount of diversity”.  This diversity is important as the likelihood of extant resistant plants is increased. While the vector for the disease is in the leaves, on a typical Ash plantation it would be a nonsense to hoover them up, Clive noted that “in our wood pastures, where the Commoners turn out their stock, the stock hoover up all those leaves, particularly in the wet woodlands where they get in there this time of year, they’re absolutely hoovering up that fallen green. And I think the forest will be very interesting to monitor as a model for how things may cope in the future.”

Much more information about Chalara Ash Dieback, including how to report possible sightings, is available from this Forestry Commission page: 
A 2012 Episode of the BBC Radio 4 Programme The Long View contrasts Dutch Elm Disease and Ash Dieback .  And their programme from nature writer Richard Mabey, Mabey in the Wild of 3rd July 2013, featured a discussion of New Forest trees including Elm, Holly and Beech with Clive Chatters.