13/9/2019

Legal challenge to gamebird releasing – Defra’s response

Defra has rejected the legal challenge that existing laws do not provide for appropriate assessments of the way gamebirds are released on protected sites e.g. Special Protection Area (SPA) or Special Areas of Conservation (SAC) but they will review how these assessments are made in England. Read more here

What do I need to do right now?

Nothing.

Does this review extend to all game shooting?

No. It only relates to SPA and SAC land. Check on the government website here

So what is this all about?

If you want to do something considered a ‘plan or project’ on an SPA, SAC or SSSI the EU Habitats Directive here requires an assessment to be made. Following a legal challenge, Defra feels that releasing gamebirds could be considered a plan or project. However, they feel the appropriate laws are in place and they are reviewing the assessment process.

I thought you already need permission to release birds on SSSIs?

Correct. Under UK legislation pheasants can only be released on sites with the prior consent of Natural England. On many sites pheasant releasing actually pre-dated the SSSI designation.

What are Defra doing next?

They have said they will undertake a review to consider the legislative arrangements in England around the relevant activities and whether there are ways in which their effectiveness could be improved. The detail of this review will be developed over the coming weeks. A review of this nature will take time to conduct and it will only be after a thorough examination that it will become clear if any subsequent change is necessary.

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