Unlawful changes to England gamebird release licence challenged by BASC

[Conor O'Gorman]

BASC has called for an urgent response from Defra over its decision to make a major change to GL43 – the interim general licence which covers gamebird release on or within 500m of European Protected Sites in England.

BASC has been informed that a significant change to the licence by Defra will come into effect on 31 May 2023, meaning that from that date, releasing on or within 500m of Special Protection Areas (SPAs) will no longer be authorised under the general licence in England, due to a risk of released birds spreading avian influenza to wild birds.

The decision’s timing comes when shoot preparations are well advanced, with payments and deposits for gamebirds, feed and shoot days already made, and drilling of cover crops and hours of conservation work already in progress.

As it stands, those wishing to release on or within 500m of a SPA after 30 May 2023 will need to apply for an individual licence from Natural England or move their release activities away from the 500m buffer zone limit.

Releases on or within 500m of a Special Area of Conservation (SAC), will remain subject to the requirements of the new general licence or an individual licence.

Gamebird release outside of these areas is not subject to this interim licensing regime and is not affected.

BASC is challenging Defra’s decision as unlawful, and doing everything in its power to overturn this unevidenced, disproportionate and potentially disastrous decision. There is no evidence that releasing gamebirds has had any impact on spreading avian influenza, this point has been made at the highest level of Defra and legal avenues are being explored.

Unlawful changes to gamebird release licence challenged by BASC - BASC

Changes to an interim gamebird release licence in England could throw shoots into turmoil, risking jobs, businesses and conservation work.

basc.org.uk

 

[rarms]

How many SPAs are there in the UK?

How many of them are within 500m of a game shoot?

 

[CookM]

Do SSSI's count as an SPA?
Or do l have that wrong?

 

[cjm1066]

All SPA/SAC are also SSSI.
Magic, a give GIS site is easiest way to check.

 

[NullMac]

BASC is challenging Defra’s decision as unlawful,

Interesting. Which law are they breaking?

and doing everything in its power to overturn this unevidenced, disproportionate and potentially disastrous decision. There is no evidence that releasing gamebirds has had any impact on spreading avian influenza, this point has been made at the highest level of Defra and legal avenues are being explored.

That may well be true and a valid perspective but how have they broken the law? Presumably they have powers to issue the general licence of their own accord? I would assume they are going to argue that given avain 'flu they are having to take unprecedented measures promptly to fulfil their responsibility to protect special sites. Heaps of dead seabirds up here, so plenty evidence to support their caution.

Without more detail on your argument I can't work out whether you have a decent case or are just tilting at windmills? On the basis of what you have posted here it feels like the latter and you are fishing around for a decent legal argument?

Maybe not a bad strategy, as at the end of the day the law is just a means of negotiating, however my money is on Defra

 

[One on top of two]

Chip …. Chip…….. Chip ….chip away

 

[Conor O'Gorman]

Update - the Defra decision is now being reviewed.

Threat to releasing on protected land delayed

BASC has been informed by Defra that it's reviewing its decision for shoots releasing on/within 500m of SPAs to obtain individual licences.

basc.org.uk

 

[kes]

A good swift and uncompromising stance by BASC - keep it up, any more praise like this and I will have to think maybe its worth joining.

 

[NullMac]

Update - the Defra decision is now being reviewed.

Threat to releasing on protected land delayed

BASC has been informed by Defra that it's reviewing its decision for shoots releasing on/within 500m of SPAs to obtain individual licences.

basc.org.uk

The government or Defra? Fortunately Defra is not in fact the government

 

[nic531]

That's the problem with quangos.... at least with a government you can get rid of it by voting (although the civil service still stays and does what it wants)

 

[Conor O'Gorman]

Update here:

BASC CEO responds to Defra's decision to remove GL43 - BASC

Read our update and response to the removal of GL43 by Defra, which covers the release of gamebirds on or within 500m of protected sites.

basc.org.uk

 

[Conor O'Gorman]

General licence published for gamebird release in or near Special Areas of Conservation in England, but an individual licence is still required for Special Protection Areas.

General licence renewed for gamebird release in SACs, but SPAs left in limbo - BASC

Defra has reissued GL43 for Special Areas of Conservation, but release in Special Protection Areas will still require an individual licence.

basc.org.uk

Defra ‘creating chaos’, BASC tells Minister in open letter

Defra ‘creating chaos’, BASC tells Minister in open letter - BASC

BASC has written to the Defra Minister regarding its failure to provide clear policy on gamebird release under GL43.

basc.org.uk

 

[Buchan]

Pleased it's an individual licence, shame it isn't banned completely.

 

[Franchi Matt]

A good swift and uncompromising stance by BASC - keep it up, any more praise like this and I will have to think maybe its worth joining.

Its not a done deal yet application form back in the draw.

 

[Conor O'Gorman]

BASC is asking that all shoots releasing gamebirds on or within 500m of a Special Protected Area in England contact their local BASC regional office. Our staff are on hand to provide advice and will be collating information to enable us the best opportunity in launching legal action.

Click here for your regional BASC office

Updates as follows:

General licence renewed for gamebird release in SACs, but SPAs left in limbo - BASC

Defra has reissued GL43 for Special Areas of Conservation, but release in Special Protection Areas will still require an individual licence.

basc.org.uk

Defra restriction will cripple rural England, says BASC - BASC

Defra has critically underestimated the number of shoots impacted by its decision to restrict gamebird release in areas of England.

basc.org.uk

 

[stubear]

A few potential submarine passengers on this thread…

Thanks @Conor O'Gorman for your hard work and updates!

 

[countrryboy]

Fair play to basc, but was there no advance warning this could happen?
Now I realise defra like many government bodies would struggle to organise a pee up in a brewery.

But was the 1st warning only 2 weeks before the law was due to be introduced?
Some shoots could have birds arriving in weeks.

Do they give any indication of timescale to apply for a licence?
Most shoots will order the birds they can afford any have pens to suit that number.
Most shoots couldnt afford to not put birds in a pen if its in the buffer area without overcrowded other pens.

If this is to protect the birds in the spa is there also restrictions on homeowners within the 500m area owning free range poultry or free range poultry farming

I think the antis have gave up trying to ban shooting out right as be a hard fight.
Far far easier to restrict and legislate it so much, started with the LAG and just snowballed with the annual attack on GLs

 

[Pete6.5]

Fair play to basc, but was there no advance warning this could happen?
Now I realise defra like many government bodies would struggle to organise a pee up in a brewery.

But was the 1st warning only 2 weeks before the law was due to be introduced?
Some shoots could have birds arriving in weeks.

Do they give any indication of timescale to apply for a licence?
Most shoots will order the birds they can afford any have pens to suit that number.
Most shoots couldnt afford to not put birds in a pen if its in the buffer area without overcrowded other pens.

If this is to protect the birds in the spa is there also restrictions on homeowners within the 500m area owning free range poultry or free range poultry farming

I think the antis have gave up trying to ban shooting out right as be a hard fight.
Far far easier to restrict and legislate it so much, started with the LAG and just snowballed with the annual attack on GLs

They have been thinking about banning the release of game birds with in 500m of sssi ground for a couple of years now at least.

 

[Boosh]

500 mtrs would stop avian flu from spreading would it??? Buggers.

 

[JTO]

Natural England, who released otters in the exact location where the Environment Agency restocked fish the day before, "because they would have something to eat".