Policy paper

Defra’s 2023 Habitats Regulations Assessment (HRA) and decision to issue general licence GL43: ‘Gamebirds: licence to release common pheasants or red-legged partridges on certain European sites or within 500m of their boundary’

Published 31 May 2023

Applies to England

Introduction

This document is the Defra 2023 Assessment under Regulation 63(5) of the Conservation of Habitats and Species Regulations (2017), also known as the 2023 HRA. Defra is the competent authority in issuing a new interim general licence for the release of common pheasant and red-legged partridge (collectively referred to as ‘gamebirds’ for the purposes of this HRA) onto European sites ^{[footnote 1]} in England.

This 2023 HRA is supported by Defra’s 2022 HRA conducted prior to Defra’s decision to issue the 2022 to 2023 interim general licence to release gamebirds on European sites or within 500m of their boundaries.

The interim general licence is referred to as GL43.

Decision in relation to the protection of the designated habitats and non-avian species of special areas of conservation (SACs) in England

With regard to the designated habitats and non-avian species of SACs in England, Defra does not consider there to be any substantive changes to the project under assessment, or further information or developments, that would trigger a review of Natural England’s 2021 shadow HRA (undertaken to assist and inform Defra when undertaking its HRAs) or necessitate a modification to the existing conditions in GL43.

Accordingly, in relying substantively on its 2022 HRA in relation to SACs, Defra is continuing to rely upon the rationale and conclusions reached by Natural England’s shadow HRA for Defra (dated January 2021) and the safeguards that were suggested for European sites at that time.

Decision in relation to the protection of the designated avian species of special protection areas (SPAs) in England

This assessment considers new information relating to the risk of adverse impacts of avian influenza being transmitted to SPA ^{[footnote 2]} populations of wild birds by released gamebirds during 2023 and new advice on this risk from Natural England.

Based on Natural England’s 2023 advice, Defra have made the decision not to include releases of gamebirds on sites which are designated as SPAs or within 500m of the boundaries of SPAs from the scope of GL43 for the 2023 and 2024 gamebird release seasons.

GL43 will only authorise the release of a specified density of gamebirds on SACs or within 500m of the boundaries of SACs. Those wishing to release gamebirds on SPAs or within 500m of the boundaries of SPAs will need to apply for an individual licence from Natural England instead of operating under GL43. This also includes sites that are designated as both a SAC and a SPA.

The new GL43 is valid for 24 months. Defra will review this change, alongside all available evidence, throughout the lifetime of this license and may modify accordingly.

Natural England’s advice for 2023

On 11 October 2022, in accordance with Regulation 63(3), Defra wrote to Natural England seeking their statutory advice, for the purposes of its assessment of the Defra proposals for the GL43. In response to the unprecedented scale of highly pathogenic avian influenza (HPAI) transmission in resident wild bird species in 2022, Defra asked for Natural England’s assessment of the implications of this new risk that the spread of HPAI in wild birds could have on the integrity of European sites should the licence conditions in 2023 remain unchanged from 2022.

Natural England replied on 27 January 2023. In their 2023 statutory advice (Annex A) and addendum to their 2021 shadow HRA (Annex B), Natural England advised their 2021 shadow HRA could be relied on with regards to SACs in England.

Natural England further advised that there was a new risk of significant adverse effects to classified SPA populations of wild birds caused by avian influenza transmission associated with releasing of gamebirds under GL43 during 2023. Natural England advised that the proposed GL43 will not have an adverse impact on the integrity of SPAs subject to at least one of 4 mitigation options being incorporated into a GL43 issued in 2023.

This assessment follows the structure of Natural England’s updated advice and responds to it, explaining how Defra has considered the evidence and arrived at its decisions. Whilst the advice was sought on the basis of a licence for one year only, Defra has had regard to Natural England’s shadow HRA and concluded that the issuing of a 2 year licence in the form outlined will not have an adverse effect on the integrity of the protected sites. This is on the basis that HPAI risk continues to be monitored and site specific circumstances will be considered throughout the duration of the license. Therefore, Defra will keep all relevant factors under consideration, including any new evidence, and working closely with Natural England. If the evidence indicates a change in the risks associated with gamebird release on SACs and SPAs, the Secretary of State may, as the appropriate authority, modify the licence under s16(5) of the Wildlife and Countryside Act. Under the Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England) (No. 2) Order 2021, which made it an offence to release the gamebird species in the relevant areas without a licence, the Secretary of State is required to carry out a review of the variation made by the Order before 30 May 2024. Defra will consider the conclusions of that report in considering the effectiveness of GL43.

Methodology and use of evidence

Natural England have made use of the 2022 qualitative risk assessment (QRA) on the spread of avian influenza from released pheasants in Great Britain in preparing their statutory advice. The QRA was commissioned by Defra, the Welsh Government and the Scottish Government. It was undertaken by the Animal and Plant Health Agency (APHA) and provides an assessment of the risks associated with avian influenza transmission by pheasants in July to August 2022.

In order to assess the impact on SPAs in 2023, Natural England have reviewed the available evidence to assess the following points:

• the risks to wild birds associated with pheasant releases during summer 2023
• the risks to wild birds associated with red-legged partridge releases during summer 2023
• the potential of ‘bridging species’ to disseminate HPAIV more widely during summer 2023

Part A: Introduction and information about the plan or project and an initial assessment of credible risk to European sites

Defra notes the information set out in Natural England’s shadow HRA addendum without comment.

Part B: Information about SPAs and Ramsar sites which could be affected

Defra notes the information set out in Natural England’s shadow HRA addendum without comment.

Part C: Screening of the plan or project for appropriate assessment

Defra agrees with the assessment and screening decision made at C2 and C3 of the shadow HRA addendum.

Part D: Appropriate assessment and conclusions on site integrity

Natural England have set out 4 options in their shadow HRA addendum. These are presented in a hierarchy, with option A providing the most certainty that the risk to SPAs is sufficiently minimised to ascertain no adverse effect on their integrity.

Option A: No releasing within both SPAs and the current 500m SPA buffer zone, and to consider no releasing within both SPAs and an expanded buffer zone

Natural England recommend mitigation option A is adopted. The clearest way to minimising the risk to SPAs comes from not authorising releases on or around these sites. Releases beyond the 500m buffer zone around an SPA continue unaffected in the 2023 release season.

In presenting advice relating to mitigation Option A, Natural England additionally advise that Defra consider increasing the size of the 500m buffer zone. This takes into account typical and maximum foraging and dispersal distances of both SPA species (for example, geese) and bridging species, and their potential for interaction with gamebirds at some distance from SPAs. Bridging species can carry disease to other species who do not have direct contact with source infected species (for example, poultry) through contamination or infection. Natural England do not specify by how much the buffer zone should be increased but give examples of typical and maximum foraging and/or dispersal distances.

Defra considers the advice to consider extending the buffer zone to be outside of the scope of this HRA. This is because the plan or project that is the subject of this assessment is the decision to issue a general licence to authorise the release of a specified number of certain gamebirds on or within 500m of a European site, which is the activity prohibited by Schedule 9 of the Wildlife and Countryside Act 1981 unless licensed under section 16(4) of that Act.

Option B: No releasing within SPAs – releasing within 500m buffer zones only and Option C: Continue to permit releasing within SPAs and within 500m of a SPA but with reduced maximum release-density limits

Option B and Option C are dealt with in the following 3 paragraphs:

Defra agrees with Natural England’s assessment that neither mitigation Options B nor C on their own, or combined, are sufficient to mitigate the risk of avian influenza transmission between released gamebirds and SPA birds. This is because they continue to allow the release of gamebirds either on or near to SPAs.

Option B would authorise releases on land directly bordering an SPA. There is insufficient evidence to conclude beyond reasonable scientific doubt that authorising those releases would sufficiently minimise the risk to SPAs so as to ascertain no adverse effect on their integrity.

Option C would authorise releases on the SPA itself, at reduced densities. There is insufficient evidence to conclude beyond reasonable scientific doubt that authorising any level of releasing on an SPA or in the buffer zone of an SPA would sufficiently minimise the risk to SPAs so as to ascertain no adverse effect on their integrity.

Option D: Continue to permit releasing within SPAs and 500m buffer zones at current release-density limits but with best practice biosecurity measures (subject to further advice to Defra from APHA) as an additional mandatory requirement

We note that Natural England have low confidence in this mitigation measure because it is not known what specific measures Defra might make a condition of GL43.

Defra has concerns about the operability of a mandatory biosecurity condition.

There are existing regulatory mechanisms under avian influenza disease control legislation, including the declaration of disease control zones and avian influenza prevention zones (AIPZ), which can prohibit the release of kept gamebirds within the relevant zones and which mandate biosecurity measures for kept game birds. The sites of special scientific interest (SSSI) consent regime, which underpins the protection of European sites, can mandate biosecurity measures to protect specific SSSI interest features. This can be used at any time during the 24 months GL43 is valid for.

The licence advice section for GL43 has been bolstered to inform licence users that they must comply with the mandatory requirements of any disease control zone or AIPZ in force as set out in the zone declarations and the associated bird flu rules for those keeping gamebirds. It recommends that licence users follow government guidance relating to the prevention of avian influenza and its spread.

Conclusion

Natural England’s advice is that their shadow HRA can ascertain that the project (the proposed GL43) will not have an adverse effect on the integrity of SAC sites, either alone or in combination with other plans and projects. Defra will continue to incorporate the majority of measures recommended by Natural England in the 2022 proposals into the 2023 license and is content that a conclusion of no adverse effect on the integrity of SAC sites either alone or in combination with other plans and projects can still be made, including over the 2 year period of the licence. Subject to any new evidence, the licence may be amended accordingly.

Natural England have also advised that for releases onto SPAs, and their 500m buffer zones, it has not been ascertained by their addendum to their shadow HRA that there will be no adverse effect. In these instances, individual licences from Natural England will need to be applied for to allow a case-by-case technical assessment of each proposal. Defra concurs with this assessment.

The risk from avian influenza will be monitored and reviewed over the licence period, Defra and Natural England will keep the impacts on protected sites under review and consider the outcome of the statutory requirement to report the effectiveness of legislation relating to GL43 by May 2024. Subject to any new evidence the license may be amended accordingly.

Decision – Having had regard to Natural England’s recommendation in their shadow HRA, Defra adopts Natural England’s recommendation for option A with modification so that the entirety of the licence applies for a 2 year period and keeping the AI risk under review. Defra considers any extension of the buffer zone to be outside of the scope of the current plan or project and its HRA.

Definitions

1. The term ‘European site’ refers to special protection areas (SPAs) and special areas of conservation (SACs). The definition of European site is set out in Regulation 8 of the Conservation of Habitats and Species Regulations 2017. European sites in England are also designated as Sites of Special Scientific Interest (SSSIs). ↩

2. SPAs are sites deemed suitable by the appropriate authority for the conservation of species listed in annex 1 (threatened bird species) of the Wild Birds Directive which naturally occur in that territory and the conservation of regularly occurring migratory species of wild birds not listed in annex 1 and which naturally occur in that territory. ↩