Gathering wild fungi on the Elan Estate

This paper sets out the views of the Elan Valley Trust (EVT) on the gathering of wild fungi on the Elan Estate.

1. The Elan Estate

The Estate includes some 45,000 acres of land in Powys and Ceredigion, comprising the catchment area of the reservoirs west of Rhayader.  It was acquired by Birmingham Corporation at the end of the 19th century.  Since the privatisation of the water industry, the freehold of the Estate has belonged to Dŵr Cymru Welsh Water (DCWW).

2. The Elan Valley Trust

2.1.  EVT (whose full name is The Welsh Water Elan Trust:  Registered Charity No.1001347) was formed in 1989.  Five Trustees have been appointed by DCWW, Dyfed County Council, Powys County Council, the Development Board for Rural Wales, and the Countryside Council for Wales (CCW).

2.2.  EVT’s charitable objectives are

(i)  the preservation maintenance and enhancement for the benefit of the public of the area of great natural beauty comprising the Elan Valley and its natural aspect and features (and its animal and plant life);

(ii)  the facilitation and encouragement of access to and the study of the Elan Valley (and its animal and plant life) by the general public;

(iii)  the provision at the Elan Valley or such part of it as shall be appropriate in the interests of social welfare and for the purpose of improving the conditions of life for the persons for whom the same are intended of facilities for physical recreation which shall be available to members of the public at large;

(iv)  the facilitation and encouragement of the use of the whole or part of the Elan Valley for charitable purposes.

2.3.  EVT holds a 999 year lease of approximately 43,000 acres of land, including some 30 agricultural holdings and all the open mountain land on the Estate.  It does not control the reservoirs or commercial forestry land, which are retained by DCWW.

2.4.  Under a Service Level Agreement between DCWW and United Utilities PLC, the day to day management of the Estate is carried out by United Utilities Operational Services (UUOS) who employ the Estate Rangers.  EVT make a financial contribution towards the cost of operating the Ranger Service.

 3.  Sites of Special Scientific Interest

3.1.  Twelve Sites of Scientific Interest (SSSIs) are included in the Estate.
3.2.  The largest of these is the Elenydd SSSI, comprising some 22,770 Hectares (56,267 acres), which includes the major part of the Estate.  The area was notified as an SSSI in 1986 and re-notified in 1992 because it is “one of the most important areas of hill land in Wales for nature conservation, being of special interest for its bird and plant life”.

3.3.  Other SSSIs on the Estate, their locations, the dates of their designations, and the Scientific Interests for which they were designated are:

Caeau Troedrhiwdrain:  13.1 ha:  SN 898670 & 901674:  1980 & 1985:  Upland herb-rich hay meadows.

Gweunydd Tynllidiart:  11.1 ha:  SN 909658:  1990:  Dry and damp unimproved pastures.

Rhos yr Hafod: 14.4 ha:  SN 909678:  1985:  Upland herb-rich pasture.

Cae Henfron:  2.0ha:  SN 905645:  1980 & 1983:  Species-rich hay meadow.

Coed yr Alltgoch:  22.4 ha:  SN 903680:  1980, 1983 & 1991:  Sessile oakwood.

Cae Aberglanhirin:  2.5 ha:  SN 888723:  1990:  Species-rich hay meadows.

Carngafallt (part):  4.8 ha of?:  SN 930645:  1990:  Sessile oakwood.

Caeau Hirnant:  6.9 ha:  SN 889701:  2000:  Unimproved grassland.

Caban Lakeside:  11.5 ha:  SN 914630:  1988:  Ancient woodlands.

Caeau Penglaneinon:  5.6. ha:  SN 912628:  1992:  Herb-rich grassland.

Coedydd Glannau a Cwm Coel:  62.8 ha:  SN 910650 & 900640:  1967, 1980, 1985 and1990.  Sessile oakwood.

4.  Other Designations

4.1.  Special Areas of Conservation

4.1.1.  Coetiroedd Cwm Elan (Elan Valley Woodlands) were designated as a Special Area of Conservation (SAC) under the Habitats Directive in 2000.  They comprise 22 areas of woodland in the Elan and Claerwen Valleys, comprising 461.7 hectares.  They include mixed woodland, dry heath, and old sessile woodlands.

4.1.2.  Elenydd  As well as being designated as an SSSI, a total of 8582 hectares of the Elenydd is designated as an SAC, of which some 5900 hectares form part of the Estate.  These include blanket bog, dry heath, oligotrophic standing waters and Floating water plantain (Luronium natans).  The reason for this designation is that the blanket bog habitat is considered to be one of the best examples in the United Kingdom.
4.2.  Special Protection Areas  The Estate also forms part of the Elenydd/Mallaen Special Protection Area, designated under the European Wild Birds Directive (EC Directive 79/409).  It was designated in 1996 because of its upland birds, and is described as “one of the most ornithologically important areas of hill land in Wales”.

4.3.  The Elan Valley is included in “Landscapes of Historic Interest in Wales” published jointly by CCW and CADW in 2001.

4.4.  The Estate lies in the Cambrian Mountains Environmentally Sensitive Area, and in the area designated (but never confirmed) as the Cambrian Mountains National Park.

5.  Biodiversity

5.1.  Under s.40 of the Natural Environment and Rural Communities Act 2006 (NERC), all public authorities in England and Wales are under a duty to have regard to the conservation of biodiversity in exercising their functions.  This duty applies to water undertakers, such as DCWW, and affects all their land holdings, including the Estate.

5.2.  Conserving biodiversity includes restoring and enhancing species populations, as well as protecting them.  A systematic approach is to avoid any negative effects on biodiversity in the first instance, then to seek to reduce or mitigate such impacts, then to incorporate opportunities for biodiversity enhancement into public policy wherever possible.  Biodiversity conservation measures need to have regard to both designated sites and priority species, and to wider species and habitats.

5.3.  Under the UK Biodiversity Action Plan (BAP), various Priority Habitats have been identified.  BAP Priority Habitats present on the Estate include
            Upland Oakwood
            Wet Woodland
            Lowland Meadows
            Upland Meadows
            Purple Moor-grass and Rush Pastures

5.4.  The Elan BAP, prepared by DCWW and EVT in 2003, contains two Phases.

Phase I  contained 17 Species Action Plans, including all UK BAP Priority Species, and a Species Inventory, a copy of which is attached.

Phase II  prepared 13 action plans for species/groups of species of local significance;  habitat action plans for Blanket Bog and Ffridd;  and habitat statements for Coniferous Woodland and Rivers and Streams.

5.5.  Three of the species of fungus found on the Elan Estate – Olive Earth-tongue (Microglossum olivaceum), Date-Coloured Waxcap (Hygrocybe spadicea), Pink Meadow Cap (Hygrocybe calyptriformis) - are UK BAP Priority Species, protected under the Wildlife and Countryside Act 1981 and the last two of them are on the European Red Data provisional list.

5.6.  Fungi are an invaluable food source for insects.  Thirteen species of fungus gnat exist on the Estate, one of which, Exechia pectinivalva, is a Red Data Book species.

6. The Scientific Interests and Potentially Damaging Operations

6.1.  Under the Wildlife and Countryside Act 1981, Section 28, it is an offence to carry out on an SSSI without consent an operation “thought likely to harm the scientific interest of the SSSI”.  Such an operation is referred to as a Potentially Damaging Operation (PDO).

6.2.  When an SSSI is designated, CCW publishes a list of PDOs for the site.  These are drawn from a standard list, so are frequently the same for many SSSIs.

6.3.  CCW’s list of “Operations likely to damage the Special Interest” of the Elenydd SSSI includes “The destruction, removal or pruning of any plant or plant remains, including tree, shrub, herb, hedge, dead or decaying wood, moss, lichen, fungus, leaf-mould or turf”.  A similar provision is contained in the list of PDOs for the Elan Valley Woodlands.

6.4.  If the owner or occupier of land which includes an SSSI wishes to carry out a PDO, he must apply to CCW for consent.  There then follows a four month period of consultation.  Application for consent can only be made by the owner or occupier, not by a member of the public or other party.

7. Scientific research and educational visits

Since its establishment in 1989 EVT has encouraged scientific research and educational visits to the Estate which comply with its charitable objectives (see §2 above).  DCWW encourages educational visits by school parties, and UUOS employ a dedicated Education Ranger for this purpose.  Neither EVT nor DCWW levy any charge for bona fide scientific research and educational visits, which are not carried out for any commercial purpose by those organising them.

8. Studying fungi

8.1.  A wide variety of fungi (some 83 species) exist on the Estate.  The non-commercial study of them by individuals or small parties organised by responsible bodies (such as wildlife trusts) or responsible individuals, would fall within EVT’s charitable objectives (see §2 above), and DCWW’s statutory environmental and recreational duties under Section 3 of the Water Industry Act 1991, provided that no damage is caused to habitats on the Estate, and there is strict compliance with the conditions affecting the various Statutory Designated Areas referred to above.

8.2.  It is the considered view of EVT that for the purpose of studying fungi and carrying out scientific research, it is not necessary to pick or gather any part of a fungus.  It is their considered view that the objectives of scientific identification, study, and research can be carried out in the field by inspecting species, using a hand lens, and photographing fungi, without removing any part of them.  EVT would not be minded to apply to CCW for consent to carry out a PDO (see §6.4. above) and remove any fungi from any part of the Estate.

8.3.  It is the considered view of EVT that picking involves a risk of damaging the mycelium of a fungus.  However small that risk may be, EVT are of the opinion that the precautionary principle should apply, and that they should not grant consent for any fungi to be picked on the Estate.  Moreover, EVT believe that regular picking and removal of fungi lessens the amount of spores left behind for future natural propagation, which would, over time, lessen the fungus population on the Estate and would conflict with the principles of sustainability.

8.4.  This precautionary principle should apply even more strongly to the gathering of fungi for commercial purposes than it does to bona fide scientific and educational research..

9. Picking fungi

9.1.  Responsible behaviour by the public is encouraged by the Countryside Code.  It encourages people to “Follow the Countryside Code wherever you go.  You will get the best out of the countryside and help to maintain it now and for the future.”

The Countryside Code urges members of the public to “Protect plants and animals, and take your litter home”, adding “We have a responsibility to protect our countryside now and for future generations, so make sure you don’t harm animals, birds, plants or trees” and “Discover the beauty of the natural environment and take special care not to damage destroy or remove features such as rocks, plants and trees.  They provide homes and food for wildlife, and add to everybody’s enjoyment of the countryside”.

9.2.  EVT thoroughly endorses the policy of the Countryside Code.  The vast majority of visitors to the Estate behave in a sensible and responsible manner, and it would be extremely irresponsible for anyone to encourage them to behave otherwise.

9.3.  There is a risk that picking fungi will cause damage to their mycelia, and regular gathering will reduce the amount of spores available for future generation.  EVT is not willing to run those risks, and adheres to the view that any gathering of fungi on the Estate would be contrary to its conservation and biodiversity objectives.

(This paper was prepared by J. L. Evans, Chairman of the Elan Valley Trust, and approved by the Trustees at their Meeting held on 7 September 2007)

Species Inventory:  (2393 species to 28/2/03)

Lichens:  327 species

Fungi:  83

Bryophytes (Mosses & Liverworts):  267

Clubmosses & Horsetails:  9

Ferns:  26

Higher Plants:  383

Reptiles & Amphibians:  6

Fish:  7

Mammals:  32

Birds:  174 recorded

93 have bred at some time since 1990

Invertebrates:  1079 species recorded including:

Red Data Book listed (<15 sites in UK):  5 species
“Notable” species (15-100 sites in UK):  25 species

Dragonflies & Damselflies:  17
Butterflies:  27
Moths:  241
Craneflies:  24
Hoverflies:  38
Dungflies:  14
Bumblebees:  7
Beetles:  344 including

• 15 water beetles
• 15 dung beetles
• 10 ladybirds

Spiders:  124