Consultation outcome

Interim response

Updated 3 June 2020

The above consultation launched on 18 July 2019, and ran for 8 weeks.

The purpose of the consultation was to obtain views on management measures being considered by Defra and the Welsh Government for species of Union concern which are widely spread in England and Wales pursuant to Article 19 of Regulation (EU) No. 1143/2014 on the prevention and management of the introduction and spread of invasive alien species (‘the Principal Regulation’).

The Principal Regulation requires effective management measures to be put in place for widely spread species, so that their impact on biodiversity, the related ecosystem services and, where applicable, human health or the economy are minimised.

The Invasive Alien Species (Enforcement and Permitting) Order 2019 (the ‘Enforcement Order’), which puts in place licensing provisions relating to management measures and sets out the penalties for breach of the restrictions in the Principal Regulation, defences and other enforcement-related provisions comes into force on 1 December 2019.

A summary of consultation responses and the government response to the consultation was due to be published by mid-November 2019. In the light of the recent decision to hold a general election and the associated pre-election period we are unable to publish these until after the new UK government has been formed.

Defra and the Welsh Government are therefore issuing this statement setting out their joint position ahead of the Enforcement Order coming into force on 1 December.

A full summary of responses and the government response will be published as soon as possible.

Having considered the evidence provided through the consultation and stakeholders’ meetings, Ministers have decided to proceed as follows:

We will continue to support the general management actions being taken to manage widely spread species in England and Wales already set out in Appendix B, but will further consider how we can address a number of points raised in the consultation regarding:

1. The need for further research into these species.
2. The need to explore alternatives to lethal measure where feasible, and to ensure that any necessary lethal measures are carried out humanely.
3. The greater need for public awareness of the impacts of invasive alien species (IAS).
4. The need for greater co-ordination of effort to deal with these widely spread species.

We will implement licensable management measures in line with the proposals set out in Appendix C of the consultation document. In the light of evidence presented in the consultation, licences will additionally be considered to allow widely spread invasive plants to be transported, and kept (in a biosecure manner), for the purposes of public education. This would help the identification of these species in the wild to aid in their eradication, population control or containment.

Based on the consultation and stakeholder engagement we will amend the proposals set out in Appendix D for Signal crayfish in the following ways:

1. Exclusion Zones (in England and Wales) - The current policy of not allowing the commercial exploitation of Signal crayfish in the “exclusion zone”, (currently, commonly referred to as the “no-go area” as prescribed by the Schedule to the Prohibition of Keeping of Fish (Crayfish) Order 1996) will be maintained. This would mean that the status quo will be maintained, with trapping in the exclusion zones allowed only for conservation, scientific, or fisheries management purposes, and no commercial use of any kind permitted.

2. Containment zones (in England) –Trapping of signal crayfish will be allowed in the containment zones (currently, commonly referred to as the “go area” under the Prohibition of Keeping of Fish (Crayfish) Order 1996) (where an authorisation has been granted), but sale of live Signal crayfish will not be permitted. Crayfish must be dispatched at the place of capture or taken to a processing facility which has a licence to handle live Signal crayfish. Facilities would not be licensed to obtain or receive crayfish taken from exclusion zones. This would not remove the opportunity for the sale of trapped and processed dead Signal crayfish, or prevent the exploration of alternative markets for dead Signal crayfish, such as in bait products, or animal feed (subject to the necessary treatment).

3. Containment zones (in Wales) –The commercial exploitation of Signal crayfish in the “containment zone”, (currently, commonly referred to as the “go area” as prescribed by the Schedule to the Prohibition of Keeping of Fish (Crayfish) Order 1996) will not be permitted. This would mean that the status quo will be maintained, with trapping in the containment zones allowed only for conservation, scientific, or fisheries management purposes.

Specified kinds of facility will be able to apply for a licence in some circumstances, to keep widely spread animal species taken in from the wild. For Grey squirrels, such licences will not be available for facilities located in areas where Red squirrels are present, or in locations where Grey squirrel are absent. In the light of welfare concerns raised in responses to the consultation, it will only be possible for facilities set up with the express purpose of animal welfare to be able to apply for a licence to keep IAS species. This is to ensure that any animals kept in this way are cared for properly and their welfare needs are met.

It is not proposed to permit the release of IAS species for the purposes of rehabilitation, as suggested by a number of consultees. The release of IAS species is not a matter falling within the scope of the consultation. It will be an offence to release any of the species listed under the Principal Regulation, including those widely spread in England and Wales from 1 December 2019.

Applications to Natural England and Natural Resources Wales for licences to take effect from 1 December 2019 may be made, and will be considered in advance of that date.

1. 20 December 2019 update: Signal crayfish (England only)

The Defra Biosecurity Minister is minded to allow the export of live Signal crayfish from licensed facilities in England to EU and non-EU countries. This will only be allowed to countries where it is legal to import live Signal crayfish. It does not include movement into other parts of the UK.

This commercial exploitation of live signal crayfish will be temporarily allowed under licence for 2 years, subject to review.

This is a transitional arrangement to allow time for investment in live sale alternatives. These include processing facilities, processing methods (such as fresh-freeze) and the development of alternatives markets.