The Government support shooting for all the benefits it brings to individuals, the environment and the rural economy. The Government want to see a vibrant working countryside that is enhanced by a biodiverse environment.
Following a legal challenge in 2019 regarding the release of pheasants and red-legged partridges, the Government initiated a review on gamebirds and a consultation on licensing in 2020. This led to the issuing of the gamebirds general licence, known as GL43, in 2021 and again in 2022 regarding the release near special areas of conservation for flora and fauna (special areas of conservation) and special protection areas for birds (special protection areas) with conditions including a buffer zone. By law, the Government must consult Natural England, as the statutory nature conservation body, before issuing GL43.
Recognising that the current global outbreak of avian influenza is the worst on record, when considering GL43, the Government received advice that the conditions of the former GL43 (2022-23) would be insufficient for potential avian influenza impact on wild bird populations within SPAs.
Given the scale of the risk, it has been decided as a temporary emergency measure that the release of gamebirds within special protection areas and their 500 metre buffer zones will need individual licences because of the unprecedented risk of avian influenza to wild bird populations. This is not a decision Ministers have made lightly, and we will review the evidence around the impact of avian influenza, in particular in light of the spread of the disease this year. This means that those wishing to release on, or within 500 metres of, a special protection area after 31 May 2023 will need to apply for an individual licence from Natural England, or else move their release activities beyond the 500 metre buffer zone limit. This includes releases on special areas of conservation or the 500 metre buffer zone if the site is also designated as a special protection area or is within the 500 metre buffer zone of one.
Release data from 2022 received from authorised licence users shows less than 1% of the gamebirds released in England last year were on special protection areas. We recognise that some shoots did not release birds in 2021 or 2022. We will work with industry at pace to support any affected sites through the licensing process.
Natural England has published a tool kit to help those who wish to release gamebirds understand whether they are impacted by this announcement. In summary:
Outside of protected areas, no licence for the release of gamebirds is needed at all. This covers 99% of releases.
Releases on or within 500 metres of special conversation areas can be made under GL43.
Releases on or within 500 metres of special protection areas are not covered by GL43. Those interested in releasing gamebirds in these areas will need to apply for an individual licence.
I have been clear that I expect the individual licensing process to be efficient, and I will continue to monitor this closely. Natural England has updated its online advice service to help users understand whether they can act under the general licence or will need an individual licence, and we will work with them to ensure any licence applications are dealt with swiftly. Furthermore, I have decided that Ministers will take all individual licensing decisions on applications submitted to Natural England for releases on or within 500 metres of special protection areas under this arrangement.
It is my intention to keep this change on GL43 under close review and to modify the general licence as necessary, in particular should the level of risk of avian influenza to protected birds reduce to acceptable levels. I have asked DEFRA’s chief scientific adviser to lead this work.
The Government also announced on 31 May 2023 that GL43, for over 99% of releases in England, will continue, as it has in previous years. However, to give clarity to the industry, I have decided to issue this general licence for two years. The general licence will permit releases on and within the buffer zones of special areas of conservation. I am confident that extending to a two year licence indicates my desire to increase certainty for stakeholders for the duration of this interim licensing arrangement. I have no intention of moving towards individual licences across the board.
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