Unacceptable, unjustified and potentially unlawful changes by DEFRA to game bird release rules are challenged by the NGO

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On Wednesday 10 May 2023, the National Gamekeepers’ Organisation were alerted, by a member of staff at DEFRA, to proposed changes to GL43 – the licence which covers the release of common pheasants or red-legged partridges on European Protected Sites and within 500m of their boundary in England.

We were told that as of 31 May 2023 (ie, 21 days’ after we first received notice of this change), releasing of pheasants or red-legged partridge on or within 500m of special protection areas (SPAs) would no longer be authorised under general licence in England. The reason given for this decision was because of the alleged potential risk of game birds spreading Avian Influenza into the wild bird population.

Under the new rules, people wishing to release on or within 500m of a SPA after 30 May 2023 would need to apply for an individual licence from Natural England – or move their release site.

As soon as we were informed of this, we replied stating that we were astounded by how unprofessionally the situation had been handled by DEFRA. In their email to us, it was stated that:

“We noted your request for earlier communications on the issuing of a new GL43 each year and it was our intention to issue the 2023 general licence earlier in the year to give certainty to licence users when making their business decisions for the coming season. Unfortunately, circumstances have meant we have not been able to do that this year and we will aim to do so next year.”

It is clear that 21 days’ notice is not ‘early communications’.

In our response to DEFRA, we stated that the decision to implement substantive changes to releasing on or within 500m of an SPA at such short notice and with absolute zero stakeholder engagement is unacceptable and unjustified to say the least, if not unlawful.

Many estates and shoots will now have made significant financial commitments, and that is on top of any changes and cost implications that they may have already undertaken to adhere to releasing on or near SPA’s as per last years GL43.

We found it incredible that the DEFRA Avian Influenza gamebird liaison group –chaired by Gordon Hickman (also head of exotic diseases at DEFRA) – was not consulted or informed of this decision.

The decision claimed to be based on an “increased potential risk to the protected features (avian)”.  We requested evidence of the increased risk posed from the release of gamebirds, as this risk appears not to be shared by the Avian Influenza core group.

The NGO believe that with cases of AI continually falling and the fact that there has not been a single case of gamebirds spreading the disease to wider bird assemblages, this decision seems to be above and beyond any reasonable risk management plan. Further, due to the fact that gamebird flocks are under the care of a vet at the time of release, then again, there is very little risk coming from the movement of gamebirds.

The response received was that DEFRA would reply as soon as she could; however we have heard nothing more.

Today (17 May), we again asked for an update, highlighting that we believe their decision to be both unlawful and disproportionate. The lack of prior information on this decision could now mean financial ruin and the loss of jobs for many people, which is exactly why we were so keen to engage and seek early communication on the matter.  

We have also requested further information regarding how and why this decision has been made.

The NGO will continue to challenge DEFRA on this decision on our members’ behalf until we receive a satisfactory response. If need be, we will challenge this at the highest level. Both this announcement and the ongoing lack of clarity on AI regarding hatcheries infers that DEFRA and the APHA have little understanding of how both general licences and the gamebird sector more widely operate, which we find extremely worrying, to say the least. We will make sure that they fully understand the consequences of their actions.