An update from Defra regarding Wild Justice's latest legal challenge

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Following on from our previous statement regarding Defra’s commitment to fighting Wild Justice’s latest legal challenge, Defra have reiterated their position in a letter to the NGO, BASC and the Countryside Alliance.

Despite what Wild Justice have claimed, Defra state that there has been no change in their position on gamebirds as livestock in relation to GL42, and that the changes to the footnote does not change the definition of livestock in relation to this General Licence.

They also state that the only reason the footnote regarding gamebirds as livestock was amended was so there “could be no misunderstanding as to what was always intended.”

The letter that the NGO and other Interested Parties received from Defra included the following points of clarification: 

· Section 27(1)(c) of the Wildlife and Countryside Act 1981 (“the Act”) defines “livestock” as including any animal which is “kept – [...] (c) for the provision or improvement of shooting or fishing”. Consequently, the definition of “livestock” includes gamebirds kept for that purpose.

• ·  For avoidance of any doubt, the explanatory note at footnote 7 of GL42 does not – and never did – extend or change the statutory definition of “livestock” in section 27(1)(c) of the Act.
  
  
• ·  The purpose of footnote 7 was and is to clarify that gamebirds are not considered to be “livestock” within the meaning of the Act once they cease to be “kept”. Therefore, users cannot protect gamebirds by taking action authorised under GL42 once those birds have ceased to be “kept”.
  
  
• ·  Footnote 7 provides guidance as to the point at which released keeper-raised gamebirds transition from being kept, dependent livestock (which can be protected by taking action authorised by GL42), to wild birds, which cannot be protected under GL42. The footnote states:
  
  

• ‘Livestock’ is as defined in section 27(1) of the 1981 Act. This expression includes gamebirds kept in an enclosure or which are free roaming but remain significantly dependent on the provision of food, water, or shelter (by and within the release pen) by a keeper for their survival. The placement of supplementary food out into the environment for wild gamebirds does not mean those wild gamebirds are ‘kept’ and it does not therefore make them ‘livestock’.

• • ·  We amended the wording of footnote 7 on 3 March 2022 so that there could be no misunderstanding as to what was always intended, namely to clarify that: (a) GL42 applies the definition of “livestock” in section 27(1) of the Act, which does not include gamebirds that have transitioned to wild birds; (b) a gamebird that receives only supplementary feeding is not to be treated as being “kept”; and (c) the provision of shelter away from the release pen does not mean that a gamebird is “kept”.