Defra issue a 'Frequently Asked Questions' document regarding GL43

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Background
It has been decided, against the background of the current global outbreak of avian influenza and concerns about the risk to wild bird populations, that GL43, issued on 31st May 2023 should authorise the release of common pheasant and red-legged partridge collectively referred to as ‘gamebirds’ in or around Special Areas of Conservation (SACs) only.
What evidence is there that releasing birds in SPAs increase risk?
The H5N1 strain of Avian Influenza has been detected in nearly 60 different species of wild bird in the current outbreak and it is thought that birds of all species are susceptible to infection. Mortality rates in some species is high, in others they may not show clinical signs. APHA’s published Qualitative Risk Assessment (QRA) assessed the risk of the virus being transmitted to wild birds from released pheasants in certain landscapes and habitats. This evidence indicates that pheasants are susceptible to infection with this strain of Avian Influenza and that the release of large numbers of naïve pheasants, where they may become infected by avian influenza on release, could serve as an ongoing source of avian influenza and increase the risk of onward transmission to other susceptible bird species. Natural England’s advice to Defra about the risks to SPAs took account of this evidence.
How will the Gamebird General Licence (GL43) for 2023 – 2025 work?
The General Licence 43 (GL43) which was reissued on the 31 May 2023 authorised the release of specified number of pheasants and red-legged partridges in an area which is designated as Special Areas of Conservation (SACs) or within their 500 metre buffer zones. Licence users must comply with the conditions of the licence. Further guidance on GL43 can be found at [insert link]. Former licence users (and new applicants) who wish to release pheasants and redlegged partridges on Special Protection Areas (SPAs) or within their 500 metre buffer zones will no longer be able to rely on the re-issued GL43 and will need to apply for an individual licence.
Will you keep this change to GL43 under review?
Yes. The avian influenza situation is dynamic and seasonal. It is Defra’s intention to keep the change to the reissued GL43 under close review and Defra may decide to modify the General Licence as necessary, should the level of risk of avian influenza transmission to protected wild bird populations reduce to acceptable levels. Defra’s Chief Scientific Adviser is leading this work.
WHO IS AFFECTED BY THE CHANGE?
Background
Natural England expects to receive around 100 applications for individual licences in 2023. We are working closely with affected shoots and will support them through the licencing process.
I’m conducting activity outside of the Special Protection Area (SPA) + 500m zone, and not within a Special Area of Conservation (SAC) and its buffer zone, am I covered by the General Licence (GL43), or do I need to apply for an individual licence?
Releases outside of SPAs and SACs and their buffer zones do not require a licence. If your activity would take place within a Site of Special Scientific Interest (SSSI) that is not within a SPA or SAC, you are likely to need a SSSI consent from Natural England if you don’t already have one. See this guidance if you need to apply for consent: Give notice and get consent for a planned activity on a SSSI - GOV.UK (www.gov.uk).
I’m conducting activity outside of the Special Protection Area (SPA) + 500m zone, but within a Special Area of Conservation (SAC). Do I need to apply for an individual licence?
No, your release is already permitted by the General Licence (GL43). But if you are unable to comply with the conditions set out in GL43 and wish to release more birds within a SAC than it permits, you will need to apply for an individual licence from Natural England.
I’m conducting activity outside of the Special Protection Area (SPA) + 500m zone, but within a Special Area of Conservation (SAC). Are conditions in the GL43 dependent on the number of birds I want to release?
Yes, there are a number of conditions that have to be met in GL43 including the number/density of birds that can be released: this is up to 700 birds per hectare within the SAC (or lower if stipulated by your SSSI consent). and up to 1000 per hectare in the 500m buffer zone. Guidance is available for operations that require NE consent on SSSIs: See guidance on how to apply for consent.
I’m conducting activity within a Special Protection Area (SPA) + 500m zone, will I need to apply for an individual licence?
Yes, you will need to apply for an individual licence. Details about the application process can be found here: online advice service
Will the individual licence be dependent on the number of birds I want to release?
No, if you intend to release any gamebirds on a Special Protection Area, you need to apply for an individual licence from Natural England and indicate how many birds you wish to release. The total number of birds you can release will be set out in the licence.
If I need an individual licence, will I also need to get a Habitats Regulation Assessment (HRA)?
Yes, once you have applied for an individual licence, Defra must carry out a Habitats Regulation Assessment of the application to inform its decision. Defra is the competent authority for HRAs and must have regard to the advice of Natural England as the statutory nature conservation body.
Natural England have made a strategic assessment of lower-risk sites, from which they will draw to provide advice as fast as possible.
PRE-RELEASE AVIAN INFLUENZA (AI) TESTING
If I am granted an individual licence for release on a SPA site and/or in the buffer zone around the site, will I need to do any pre-release testing for pheasants?
Any requirement for pre-release testing or vet checks will be specified as a condition in your licence. If it is a condition of the licence, (in addition to the existing requirements to regularly monitor the health and welfare of pheasants) there will be a requirement for you to arrange for a private veterinary surgeon visit and check the health of the birds no more than 24 hours before release. This vet check should include a check of production records and a clinical inspection of all birds on the premises. You must ask the vet for a signed written statement that confirms that no signs of notifiable avian disease were observed during the inspection. You should retain the vet’s written statement as you may be asked to demonstrate that you have complied with the licence condition. You must not release your checked birds if the vet’s written statement is more than 24 hours old.
If I am granted an individual licence for release on a SPA site and/or in the buffer zone around the site, will I need to do any pre-release testing for partridges?
Any requirement for pre-release testing or vet checks will be specified as a condition in your licence. If it is a condition of the individual licence, (in addition to the existing requirements to regularly monitor the health and welfare of red legged partridges), you will need to test each group of partridges within 48 hours of their release. You will need to ask your private vet to take samples for PCR testing from each epidemiological group that makes up the release. A total of 60 oropharyngeal (throat) swabs will be needed from a random sample of 60 birds from each epidemiological group. These samples will need to be couriered to the Animal and Plant Health Agency (APHA) national reference laboratory at Weybridge. Testing is not available at weekends. There is a two-day turnaround with some results available within 24 hours. You must wait for the results to come back negative before birds are released. You must not release your birds if they test positive or show clinical signs of disease.
Are vets up to speed on what tests qualify for Defra purposes and are these tests readily available?
Defra are in contact with vets and industry organisations. A guidance note3 is available which details the address of the laboratory, type of swabs and costs of testing. We recommend that you speak to your private vet at the earliest opportunity to schedule sampling and book a slot with the lab.
DEFINITION OF RELEASE
What is the definition of ‘release’ for partridges?
There is no statutory definition of ‘release’ set out in the Wildlife and Countryside Act, however this is a question of fact and by way of illustrative example, release may occur when the partridges are released or allow to escape from their enclosed pen into the wild.
What is the definition of ‘release’ for pheasants?
There is no definition of ‘release’ set out in the Wildlife and Countryside Act, however this is a question of fact and by way of illustrative example, release may occur when the pheasants are able to escape from their open top release pen. 
APPLICATION PROCESS FOR AN INDIVIDUAL LICENCE
The Natural England online screening tool told me that I am unlikely to get a licence. What should I do now?
The online service provides an automated triage service, which aims to help users understand whether they are impacted by the change in licencing arrangements or not. It is an initial guide for users, not a decision. We encourage anyone who would like to release gamebirds within an SPA and its 500m buffer zone to apply for an individual licence.
The Natural England screening tool is confusing. I thought I had applied for a licence, but I had only completed the initial screening form.
The Natural England online service is being updated to incorporate clearer messaging and to include the application form at the end of the screening tool.
What information is needed for the licence application?
The licence application form is straightforward and requires the following information to complete it:

• A 6-figure grid reference *for the centre of each release pen or partridge release area. *This is important to get correct as it is vital to the application process link to online help: grid reference

• The size in m2 of the release pen or area. (10,000m2 is one hectare)

• The number of birds in each release

• The date of planned release

• A short explanation of the shoot’s management technique to allow a better understanding of how the operation works and how it might impact the SPA features.

Can I apply for a licence offline?

We would encourage everyone who thinks they may need to apply for a licence to use the tool in order to find out whether this is the case. If you need an offline copy of the application form you can contact Natural England: Gamebirds@naturalengland.org.uk.
How can I tell if you have received my licence application?
Once you have submitted an application to Natural England, you should receive a confirmation email with a unique reference number. If you have applied and haven’t received this confirmation email and reference number contact: Gamebirds@naturalengland.org.uk. Please provide up to date contact information including email and telephone numbers with your application so that Natural England and Defra can contact you.
How quickly will my application be processed?
In terms of individual licence applications, Natural England are continuing to ensure applications are considered and processed promptly. Natural England’s Customer service standard is 30 working days but they are working hard to assess the applications as soon as possible before sending the recommendation to Defra.
How can I contact you to find out what is happening with my application?
The route for you to make contact if you have a query or concern is to email Natural England: Gamebirds@naturalengland.org.uk Alternatively, you can join a weekly video meeting, which all licence applicants will be invited to by email. If you haven’t been invited to a session please email the Defra team asking for an invitation: GLTeam@defra.gov.uk
DEFRA DECISION MAKING
Who will decide on my application?
The legislation provides for Secretary of State to make the decision. The Secretary of State will consider Natural England advice in accordance with the legal framework.
Why is Defra making the decisions on individual licences?
The Secretary of State has decided to take the decision in house to ensure that licenses can be considered against the most up to date information on the Avian Influenza Outbreak.
Defra recognise the importance of ensuring a speedy, efficient and robust system is in place to make timely decisions informed by the latest evidence. This includes input from an expert panel convened by Defra which refers the application to Ministers once they have considered Natural England’s recommendation. The process provides Ministers with an opportunity to consider every individual decision and seek further advice if necessary. It also allows for greater oversight of the system as a whole in order to identify significant issues and ensure that applications continue to be processed at pace and with due diligence.
On what basis will decisions be made?
Decisions will be made on a case-by-case basis and each individual licence application will undergo a rigorous assessment process in accordance with the legal framework. This includes taking into account expert advice from Natural England.
How do I contact Defra?
When Defra receives the recommendation from Natural England, they will contact you to acknowledge receipt of the recommendation.
The route for you to make contact if you have a query or concern is to email: GLEnquiries@defra.gov.uk

How will I find out about the decision?

Defra will inform you of the decision in writing. This will be via email where a contact email address has been provided.

Will the outcome of my application be made public?

Licence decisions will not be publicised.

OUTCOME OF LICENCE APPLICATIONS
If my application has been agreed. What do I do next?

If your application has been approved, and you have received your licence document you are then able to release the birds, subject to the conditions set out in the licence.
My application has been declined. Can I appeal?

While there is no statutory right to appeal against a refused application, if you have any new evidence, you can submit this following a decision to refuse.
MANAGING AVIAN INFLUENZA NEAR SPAs
What is the difference between the higher and lower risk SPA sites?
There could be any number of factors unique to the ecology of each site. For high-risk sites evidence is based on last year’s AI outbreak and species on the site who are at the highest risk from AI. We will need careful consideration to assess the impact on those specified species including looking at their breeding periods etc. Lower-risk sites may be quicker to turn around in terms of decision making as Habitats Regulation Assessments (HRAs) should be more standard. However, we are unable to make any guarantees, as other factors may need to be considered.
Why is there a higher avian flu risk in Special Protection Areas?
Special Protection Areas are sites that are protected by law because they are the habitat for endangered bird species. Some species of birds are more vulnerable to certain strains of avian influenza. The current strain (HPAI H5N1) is particularly well adapted to some birds, including pheasants, and to wild fowl such as geese and ducks.

How significant a role do gamebirds play in the spread of HPAI in wild birds?

It is well known that common pheasants are susceptible to infection with HPAI H5N1. This has been determined through experimental infection studies. Several large dieoff events in pheasants were reported in 2022.
It is evident that in certain areas, the risk of gamebirds coming into contact with species that are already under pressure is very high. The release of gamebirds could serve as an additional source of susceptible birds and as a reservoir of avian influenza, presenting a mechanism to maintain the virus in the months leading up to the arrival of large numbers of migratory wild birds. The 2023 HRA of the general licence is informed by Natural England’s statutory advice, which was informed largely by APHA’s published Qualitative Risk Assessment (QRA) on the risk of spread of HPAI H5N1 to wild birds from released pheasants and many scientific papers. The risk of AI to wild birds assessment is updated fortnightly.

There haven’t been any cases of avian influenza in red-legged partridges, why are you restricting their release?

All avian species are susceptible to avian influenza. Levels of susceptibility to infection, and species’ responses once infected, depend on the species and on the strain of avian influenza. Red-legged partridges have tested positive for the current strain of avian influenza. Most of the risks considered in the APHA risk assessment relating to pheasants are equally applicable to partridge, despite some difference in release process.