Policy paper

Background and other supporting documents

Published 31 May 2023

This was published under the 2022 to 2024 Sunak Conservative government

Applies to England

Background

The release of common pheasants or red-legged partridges into the wild on European sites in England, or within 500 metres of their boundary, is only lawful under the authority of a licence.

General licence GL43 first came into force on 31 May 2021 and expired on 30 May 2022. The Department for Environment, Food and Rural Affairs (Defra) issued a new general licence GL43, published on 31 May 2022. This expired on 30 May 2023.

As part of the decision to issue a new licence, Defra sought Natural England’s advice under the Conservation of Habitats and Species Regulations 2017. This 2023 advice is included in the supporting documents.

Part of Natural England’s advice was that Defra can still rely on their 2021 shadow Habitats Regulations Assessment (sHRA) with regard to the designated habitats and non-avian species of special areas of conservation (SACs). The sHRA informed the 2022 to 2023 GL43 licence conditions.

However, in light of new information relating to the emerging mortality-driven impact on classified species on special protection areas (SPAs) due to the potential for direct and indirect transmission of avian influenza as a consequence of gamebird releasing activity, Natural England advised that at least one of 4 mitigation options be incorporated into any GL43 issued in 2023 and submitted an addendum to their 2021 sHRA, to support this advice.

Between January and May 2023, Defra determined the licence conditions and carried out a Habitats Regulations Assessment (HRA) for the 2023 to 2025 licence.

Defra considered Natural England’s advice, along with the 2021 sHRA and its addendum, when making its final assessment and decision for 2023 to 2025. Natural England’s 2021 sHRA (as amended) and its statutory advice has been adopted by Defra, with some modifications, when undertaking its own 2023 HRA.

Supporting documents

The following documents support the decision to issue a general licence for 2023 to 2025:

Defra’s 2022 Habitats Regulation Assessment and decision to issue general licence GL43: Gamebirds: licence to release common pheasants or red-legged partridges on European sites

The HRA includes:

• Annex A - a summary of final licence proposals for 2022
• Annex B – Natural England’s 2021 advice to Defra following the key findings of the Rapid Evidence Assessment

It also refers to:

• Annex C – Natural England’s 2021 shadow HRA Part 1: Special Protection Areas (SPAs) and Ramsar sites with bird features in England
• Annex D – Natural England’s 2021 shadow HRA Part 2: Special Areas of Conservation (SACs) and non-bird Ramsar sites in England

Subsequent Natural England advice:

• Annex E – rationale for advice on the buffer zone conditions and the treatment of terrestrial SPAs and SACs below the mean high-water mark (estuarine sites)

• Annex F – the list of SPAs, SACs and Ramsar sites provisionally assessed and screened out of further assessment by Natural England in their shadow HRA

Additional documents

You can read Natural England’s 2021 statutory advice alongside its 2022 advice.

Following Defra’s 2021 HRA, subsequent changes were made to the proposed conditions of the 2021 to 2022 licence concerning the release density of red-legged partridges. These reflected the fact that partridges can also be subject to immediate or ‘hard’ releases without first being placed into a release pen. Defra carried out an additional assessment of the proposed changes to the partridge conditions and again sought Natural England’s advice on its assessment of those changes.

Other documents you can read:

• Natural England’s advice on original partridge release conditions as considered in Defra’s HRA
• Natural England’s additional advice regarding the proposed revised conditions for the release of red legged partridge

For 2023 to 2025, no further changes have been made to the conditions of the licence concerning the release of red-legged partridges outside of SPAs and the 500m buffer zone.