After much legal wrangling, a Judicial Review has concluded with DEFRA proposing interim licenses to control the release of pheasants and red-legged partridges on or near Special Protected Areas for the 2021/22 season. The decision comes days before a hearing was due to take place at which Wild Justice's case would have been examined.
We won’t go into the legal detail, but rather, attempt to provide some clarity as to what this is likely to look like in practice, what the impact is likely to be, and give our view.
What has been proposed?
Defra has announced its intention to introduce an interim licensing system for the release of game birds in or near this area. We understand that the licenses will be based on release densities derived from GWCT guidance. DEFRA minister George Eustace explained the decision saying:
The negative effects of game-bird releases on protected sites tend to be localised with minimal or no effects beyond 500m from the point of release. However, our review highlighted a need to gain a better understanding of how any localised impacts might be mitigated and existing arrangements strengthened.
The introduction of an interim licensing regime for next year will enable us to manage any potential impacts while gathering more information where evidence gaps exist. We will continue to engage and consult with industry in order to minimise any disruption.”
How many shoots are affected by this decision?
The system will encompass the release of pheasant and red-legged partridge in and within 500 metres of Special Protection Areas (SPAs) and Special Areas of Conservation (SACs). See the maps below to see the areas affected.
What does this mean?
You may have seen some rather excitable news stories in the press regarding this decision, but the reality is somewhat less earth-shattering than has been - since the release density will be based on GWCT guidance, so long as shoots have been operating within the bounds of the Code of Good Shooting Practice, there should not have to change their practices too much. Tim Bonner, Chief Executive of the Countryside Alliance said:
“In reality it is very likely that little will change in practical terms for shoots on or near SPA’s that are operating to best practice, and there is little evidence any are not.”
What happens now?
We understand that a General License (ie. not one individuals need to apply for) will be issued by the Government. It is also important to note that this decision came about owing to a lack of data, and these licenses are being issued in order to allow Natural England to set up an assessment and monitoring programme to evaluate the impact of gamebird releasing on or near these protected areas.
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How did this come about?
Under the ‘precautionary principle’ - an element of the EU Lisbon treaty enshrined in UK environmental law - when there is insufficient evidence or uncertainty in the science as to whether a particular action might have a negative impact, the burden of proof lies with those who wish to take that action. In this case, it means that shooting must prove that releasing game birds in or near these protected sites does not have a negative impact on biodiversity. Natural England’s failure to carry out assessments and monitoring of SPAs, which could have provided the necessary data, is in large part the reason the government has taken this action. Tim Bonner explains:
The Government therefore said that it would introduce an interim licensing scheme for the release of pheasants and red-legged partridges on or within 500m of an SPA until assessments had been completed and a monitoring program put in place.
The ‘precautionary principle’ has been used to challenge HS2 and housing projects among a variety of other things. The precautionary principle is widely regarded as being in need of review, however there is little appetite in government for this course of action, which could have significant fallout.
It is interesting and important that the current research into the environmental impact of releasing pheasants and red-legged partridges is the subject of much debate, with different organisations interpreting the results differently.
Why are people worried about this?
The shooting world has long resisted any form of licensing of shooting by the government, preferring to pursue a self-regulation model. Many see this decision as a dangerous precedent that could result in further tightening of regulations around shooting.
What happens now?
We understand that a General License (ie. not one individuals need to apply for) will be issued by the Government. It is also important to note that this decision came about owing to a lack of data, and these licenses are being issued in order to allow Natural England to set up an assessment and monitoring programme to evaluate the impact of gamebird releasing on or near these protected areas.
What can we do?
We must focus on best practice and self regulation. The GWCT have been working over the last year to create an online “net biodiversity calculator” that shoots can use to help them ensure that first, they are not having a negative impact on local biodiversity, and second that they are actually having a net positive impact. Such a tool will enable the shooting community to better make the argument that shooting should be seen as a driver of good environmental outcomes.
Chris Horne, Managing Director of GunsOnPegs said:
This is another wake up call to the threats we face as a shooting community. We must make sure that standards on shoots are high and we can show that through robust self-regulation. Either we regulate ourselves or the state regulates us. The British Game Alliance is key for us here, it is the only credible tool we have to demonstrate self regulation and it needs to be supported, with the standards followed.In conjunction with this, the potential GWCT tool is something I would like to embrace at the core of GunsOnPegs. Once we give shoots an easy way to establish their impact, it makes it easy for us to say no to working with those that have a negative impact on the environment.
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