Natural England bans gamebird release across more SPAs

Restrictions return for SPA shoots

It’s déjà vu for shoots operating on or near Special Protection Areas, as Natural England confirms gamebird release will again be restricted or altogether banned this season.

GL45, the general licence for release on or near SPAs, will again be replaced by an individual licensing system, even though just weeks ago the High Court granted permission for BASC to challenge that same system through a judicial review. The move deepens the dispute that dominated last season.

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Licensing system and timelines

Nevertheless, Natural England has opened the window for applications and says it will aim to turn around decisions within 30 working days via a new online form.

The outlook for shoots operating on or near SPAs is bleak. Natural England has named only one SPA where shoots will likely be granted a licence with normal measures in place, and 12 SPAs where shoots are likely to receive a licence, subject to a delayed release date. All other SPAs are unlikely to receive a licence at all, Natural England says. 

The SPAs that last year stood a chance but this year face a likely refusal are Breckland, Sandlings, Thames Basin Heaths, Thursley, Hankley and Frensham Commons (Wealden Heaths Phase 1) and Wealden Heaths Phase 2.

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Woodlark concerns and evidence gaps

Overwintering woodlark populations were cited as the key concern behind Natural England’s decision this year. The agency says woodlark forage on winter stubbles and woodland edges, bringing them into contact with released gamebirds. That possibility, it says, creates a bird flu transmission risk that cannot be ruled out. Natural England admits, however, that the susceptibility of woodlark to bird flu is not properly evidenced – a juxtaposition that has drawn criticism from rural organisations.

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Industry and stakeholder reaction

BASC says the new restrictions will create further uncertainty for shoots and rural businesses at a time when its judicial review of Natural England’s approach is due to be examined by the courts.

Dr Marnie Lovejoy, deputy director of conservation, said: “The High Court has already confirmed there are serious legal questions about Natural England’s approach. Despite this, we are now seeing further restrictions proposed which will create additional uncertainty for shoots and the rural communities that depend on them. Any restrictions on gamebird releasing must be based on clear and robust evidence.”

The Countryside Alliance’s Roger Seddon was blunter, describing the decision as based on a “remarkable absence of evidence” and pointing out that no recorded instance of bird flu passing from migratory birds through released gamebirds to woodlark had ever been documented. He warned the restrictions would cause socio-economic damage to local communities while dismantling the predator control and habitat management that had helped ground-nesting birds, woodlark among them, to thrive in the first place.

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Transparency concerns and next steps

Mr Seddon also challenged Natural England’s transparency, noting the habitats risk assessments underpinning the latest decisions had not been shared with stakeholders, despite the agency’s chief executive telling a parliamentary committee that all decision-making evidence was publicly available.

GL43 continues to apply for Special Areas of Conservation with no SPA overlap, subject to conditions.