Statutory guidance

GL43: licence to release common pheasants or red-legged partridges on certain European sites or within 500m of their boundary

Updated 12 December 2023

Applies to England

Reference: WML-GL43

You must not release common pheasants (Phasianus colchicus) or red-legged partridges (Alectoris rufa) into the wild on European sites^{[footnote 1]} or within 500 metres of their boundary (known as the buffer zone), except under a licence.

This general licence allows an authorised person^{[footnote 2]} to release into the wild a specified number of common pheasants or red-legged partridges on European sites designated as special areas of conservation (SACs)^{[footnote 3]}, or within 500m of the boundary of those sites. The offence in section 14 of the 1981 Act^{[footnote 4]} does not apply to any release activity if done under and in accordance with this licence.

This licence does not allow release on other European sites or within 500m of the boundary of those sites.

For the purpose of this licence, the word ‘gamebirds’ is used to collectively refer to common pheasants and red-legged partridges.

Legal basis of this licence

The Secretary of State^{[footnote 5]} has issued this general licence under the powers in section 16(4) and 16(5) of the 1981 Act. The Secretary of State has also been advised by Natural England as to the circumstances in which, in their opinion, general licences should be granted.

The Secretary of State may modify or revoke this licence at any time.

Purpose of this licence

This licence allows you, as an authorised person, to release a specified number of common pheasants or red-legged partridges into the wild in a special area of conservation (SAC) or within the 500m buffer zone of a SAC.

You must not release common pheasants or red-legged partridges on SACs or within the buffer zone of a SAC if the site is also designated as a special protection area (SPA) or is within the buffer zone of a SPA.

To check whether your planned release site is on a SAC, a SPA, or within the 500m buffer zone of a SAC or SPA, use:

• MAGIC maps to check the location of SACs and SPAs
• gamebird releases map to see the 500m buffer zones – blue sections show the buffer zones

Who can use this licence

You can only act under this licence if you are an authorised person. This includes the owner or occupier of the site on which the release of common pheasants or red-legged partridges will be carried out, or any person authorised by the owner or occupier of that site.

You do not need to apply or register to use this licence.

Who cannot use this licence

You, or anyone acting on your behalf, cannot act under this licence if you have been:

• notified in writing by Natural England that you are subject to a formal investigation or a sanction^{[footnote 6]} as a result of damage caused to a European site by releasing common pheasants or red-legged partridges

• convicted on or after 1 January 2010 of a wildlife offence^{[footnote 7]} unless in respect of that offence, the person is a rehabilitated person for the purpose of the Rehabilitation of Offenders Act 1974 and the conviction is spent, or a court has made an order discharging them absolutely

If you cannot use this general licence for these reasons, or because you are unable to comply with its conditions, you may still apply to Natural England for an individual licence. You can use this online advice service to check whether you can use this general licence, or if you need to apply for an individual licence. If you’re unable to access this form, email Natural England: gamebirds@naturalengland.org.uk.

You must not use this licence if the Secretary of State has withdrawn your permission to use it. Read the section on enforcement and penalties for misuse of this licence.

When and where you can use this licence

This licence is valid in England from 31 May 2023 to 30 May 2025.

Enforcement and penalties for misuse of this licence

Failure to comply with the conditions of this licence may:

• mean you commit a criminal offence under the 1981 Act – the penalty for this offence on summary conviction is imprisonment for a term not exceeding 6 months or to an unlimited fine, or to both
• result in your authorisation to use this licence being withdrawn – the Secretary of State will notify you in writing if your authorisation to use this licence is withdrawn and the Secretary of State may impose a similar sanction in relation to other wildlife management licences

Conditions of this licence

You must follow the conditions of this general licence.

Condition 1: releases within SACs

For the release of common pheasants or red-legged partridges into the wild, the following conditions apply.

Common pheasants: release density

The density of common pheasants released within a SAC must be no more than 700 birds per hectare of release pen, or lower if required by a site of special scientific interest (SSSI) consent. Any release, including single or trickle releases, must not exceed this limit.

Where any common pheasants are shot or killed, you must not release further birds where this would exceed the allowed limit.

Red-legged partridges: release density

The density of red-legged partridges released within a SAC must be no more than 700 birds per hectare of land they inhabit, or lower if required by a SSSI consent. Any release, including single or trickle releases, must not exceed this limit.

Where any red-legged partridges are shot or killed, you must not release further birds where this would exceed the allowed limit.

You must site red-legged partridge release pens in cover crops^{[footnote 8]} on arable land or on improved grassland within a SAC. You must not site them in semi-natural or unimproved habitats^{[footnote 9]}.

Condition 2: releases within the 500m buffer zone of a SAC boundary

For the release of common pheasants and red-legged partridges into the wild, the following conditions apply.

Common pheasants: release density

The density of common pheasants released within the 500m buffer zone of a SAC must be no more than 1,000 birds per hectare of release pen. Any release, including single or trickle releases, must not exceed this limit.

Where any common pheasants are shot or killed, you must not release further birds where this would exceed the allowed limit.

Red-legged partridges: release density

The density of red-legged partridges released within the 500m buffer zone of a SAC must be no more than 1,000 birds per hectare of land they inhabit. Any release, including single or trickle releases, must not exceed this limit.

Where any red-legged partridges are shot or killed, you must not release further birds where this would exceed the allowed limit.

Activity in the buffer zone

Any activity in the buffer zone must not encourage the released birds to inhabit or occupy an adjacent European site. This includes where you place pens and feed birds.

Condition 3: report release activity

If you, as the authorised person, are releasing 50 or more common pheasants or red-legged partridges within a SAC or its buffer zone, you must provide the:

• total number and species of gamebird released within a SAC
• total number and species of gamebird released within the 500m buffer zone
• gamebird density (birds per hectare)
• location of release site (6-figure grid reference)

Use the online reporting form to submit your information to Natural England. If you’re unable to access this form, you can email your information to Natural England: gamebirds@naturalengland.org.uk.

You must provide this data within one month of releasing common pheasants or red-legged partridges under this licence.

See Natural England’s privacy notice for how we use your data.

Advice on how to comply with the conditions of this licence

Use the advice to help you comply with the conditions of this licence.

Activity in the buffer zone

To help you comply with the activity in the buffer zone, you should:

• release gamebirds as far from an adjacent European site boundary as possible
• release gamebirds into linear features, such as hedgerows, linear plantations or game-cover crops where this will encourage them away from the boundary of an adjacent site
• provide a suitable habitat and linear features near the release site
• position strawed feed rides, feed hoppers and drinkers away from the site boundary
• position artificial shelters, dust baths and grit stations away from the site boundary
• disperse gamebirds that are grouping near the boundary

Information and advice specific to this licence

1. This licence does not provide consent under section 28E of the 1981 Act for those operations requiring Natural England’s consent as listed on a notification of a SSSI.

2. Before you can release or permit the release of gamebirds in a SSSI that is also a European site, you need to know if Natural England needs to give SSSI consent. The owner or occupier of the land will need to check if SSSI consent is needed.

You only need Natural England’s SSSI consent if the release or related activities:

• take place in a SSSI that is also a European site
• are listed on the SSSI notification as operations that need Natural England’s consent

You need to have Natural England’s consent, where this is necessary, before releasing or permitting the release of gamebirds within the SSSI.

You need to follow the terms and conditions of that consent.

This also applies to related activities that are listed as requiring Natural England’s consent, such as:

• erecting and maintaining release pens
• providing supplementary feeding
• driving vehicles on the site

When you report release activity, you need to provide Natural England with the details of the SSSI consent under which the release activity is operating.

Use MAGIC maps to check if your proposed activity under this licence is within a SSSI that is also designated as a European Site.

Use the Designated Sites View database to find out if your proposed activity under this licence is listed as an ‘operation requiring Natural England’s consent’.

See guidance on how to apply for consent.

3. Avian influenza (bird flu) is a notifiable disease in poultry and other captive birds. You must follow the bird flu rules if you keep gamebirds.

If you keep 50 or more gamebirds, you must register them.

If you keep less than 50 gamebirds, APHA recommends that you should register your birds.

4. You should read this licence alongside the Code of Practice for the Welfare of Gamebirds Reared for Sporting Purposes and the requirements of the Animal Welfare Act 2006.

5. Nutrient run-off from release pens and feeding stations could affect the water quality of nearby European sites. To avoid this, you should place pens and feeding stations:

• on level ground
• at least 50m away from a watercourse flowing towards a European site designated for its river, wetland or intertidal habitat

On sloping ground, you should follow the farming rules to protect watercourses, that recommend placing pens and feeding stations on slopes of less than a 12-degree angle.

Definitions used in this licence and references to legislation

Listed in order of reference.

Unless expressly stated in this licence to the contrary, references to legislation are references to that legislation as it had effect on 31 May 2023.

1. ‘European site’ has the meaning given in regulation 8 of the Conservation of Habitats and Species Regulations 2017 (as amended) and includes special protection areas (SPAs) and special areas of conservation (SACs). See the register of European sites. ↩

2. ‘Authorised person’ is defined in section 27(1) of the 1981 Act. It includes the owner or occupier of the land on which action authorised by this licence is to be taken, or any person authorised by the owner or occupier. ↩

3. ‘special area of conservation’ (SAC) has the meaning given in regulation 3(1) of the Conservation of Habitats and Species Regulations 2017 (as amended). ↩

4. ‘1981 Act’ means the Wildlife and Countryside Act 1981 (as amended). ↩

5. ‘Secretary of State’ means the Secretary of State for Environment, Food and Rural Affairs. ↩

6. ‘Sanction’ includes a civil or criminal penalty that is imposed by law or a warning letter issued either by Natural England or a court. Examples of a sanction in the context of this licence, includes a stop, restoration, compliance, remediation or prevention notice issued by Natural England by virtue of the powers conferred on it under the Natural Environment and Rural Communities Act 2006. ↩

7. ‘Wildlife offence’ means an offence under the following legislation: Part 1 of the 1981 Act, Part 3 of the Conservation of Habitats and Species Regulations 2017, Protection of Badgers Act 1992, Deer Act 1991, Hunting Act 2004, Wild Mammals (Protection) Act 1996, the Pests Act 1954, the Animal Welfare Act 2006 and the Protection of Animals Act 1911. ↩

8. ‘Cover crops’ means a block or strip of cereal, brassica or other seed-bearing crops that has been established to provide cover, shelter or food for released gamebirds. ↩

9. ‘Unimproved habitats’ means areas of land characterised by native plant and animal species that have never been intensively farmed or been subject to modern agricultural cultivation. ↩