Defra has set out the details of a review into the way the
release of gamebirds on protected sites is managed.
The review will look at areas including the number of gamebirds
released and their impact on protected sites, the consenting
process, and whether further safeguards could be provided to
protect sites. There will be no immediate changes for owners or
occupiers of land.
In response to a pre-action protocol letter from Wild Justice in
July 2019, last September Defra
accepted that in principle the annual release of
non-native gamebirds on, or affecting, Special Areas of
Conservation (SACs) and Special Protection Areas (SPAs) is
capable of constituting a “plan or project” requiring appropriate
assessment within the meaning of the Habitats Directive.
Whether they will do so in any given case will depend on whether
they may have a significant effect on the specific SPA or SAC in
question. This will depend in turn on the nature of the
activities, the features and condition of the SPA or SAC, the
distance from the SPA or SAC where the activities are carried out
and the possible effects of the activities. While not accepting
the argument that current laws do not provide for appropriate
assessment in such cases, Defra committed to
undertake a review to consider the legislative
arrangements around the relevant activities and whether there are
ways in which their effectiveness could be improved.
The review is looking at the following areas:
-
Consenting process: in conjunction with Natural England,
Defra is reviewing the effectiveness of the process around
Operations Requiring Natural England’s Consent on European
protected sites in relation to gamebird release.
-
Special Nature Conservation Orders (SNCOs): exploring the
effective use of SNCOs in relation to gamebird release, which
have to date been used as a last resort option designed to
limit potentially damaging operations on or near protected
sites.
-
Legislative options: reviewing the current legislative
arrangements that are of relevance to the release of
non-native gamebirds on or around European protected sites,
including considering whether any amendments to current
regimes could provide further safeguards to protected sites.
Defra is also exploring other possible options for regulating
such releases if current arrangements do not provide a
solution.
-
Number of gamebirds released and their impact on protected
sites: examining available data to establish an estimate of
the number of gamebirds that are released on or around
protected sites in England. In terms of their impact on
protected sites, considering available evidence including the
findings from a literature review jointly commissioned by
Natural England and the British Association of Shooting and
Conservation (BASC), and a scientific forum being organised
by Exeter University, which are both expected to conclude in
March 2020.
Defra will meet with interested stakeholders to give them the
chance to input their views into this review. Once the review has
concluded, Defra will consult with stakeholders on any
substantive changes that are being recommended.
What to do if you release gamebirds on protected sites
There are currently legislative arrangements in place which
provide for appropriate assessment of non-native gamebird
releases on or around SPAs and SACs in appropriate circumstances.
The review will not result in any immediate changes for owners or
occupiers of land.
The regulation of non-native gamebird releases will remain
unchanged in the immediate term. Defra will keep industry
informed of progress with the review in due course.
The Gamebird Release Review team can be contacted
on GLTeam@defra.gov.uk for
further information.
Further Background
Wild Justice recently issued a second pre-action protocol letter
(20 January 2020) requesting that the government provides the
timetable and terms of reference for the review, as well as
seeking confirmation that it will proscribe or regulate gamebird
releases within 5km of any SPA or SAC before gamebird
introductions commence in Summer 2020.
Defra confirmed in its response to Wild Justice that work on the
review is underway, as well as confirming that the review will
include, though will not be limited to, consideration of the
section 28E Wildlife and Countryside Act 1981 consenting process
and the use of Special Nature Conservation Orders (SNCOs) in
relation to non-native gamebirds release, specifically common
pheasant and red-legged partridge, as well as exploring other
possible options that might be used so that such releases can be
subject to appropriate assessment where appropriate.
Defra explained that the object of the review is to identify the
most suitable approach, and that the government will not take any
steps that pre-empt the outcome. Given the scope of what is
involved, Defra stated that it is not in our view reasonable nor
realistic to expect measures to be implemented before
summer/autumn 2020.
