BASC launches second legal challenge over gamebird licensing

BASC has escalated its legal battle with Natural England over gamebird licensing near protected wildlife sites. This opens a second front in an increasingly fractious dispute.

What legal action is BASC taking against Natural England?

The association notified Natural England on 30 July of its intention to seek a judicial review. The challenge targets the agency’s handling of individual licensing for gamebird releases on or near Special Protection Areas (SPAs). The notice came as a pre-action protocol letter.

This is BASC’s second legal challenge in two months. In June, the association threatened Defra with court action over the lack of transparency around why General Licence 45 was scrapped. That dispute was resolved when Defra published key documents and clarified that Natural England was responsible for the new licensing regime.

Stuart Farr, partner at Harrison Drury Solicitors, told Shooting Times this shows the legal process is working: “Pre-action protocol letters avoid unnecessary litigation between the wrong parties over the wrong issues. This process of focusing issues before proceedings start is fundamental to judicial review.”

What is the dispute about?

BASC argues that Natural England has misunderstood how the new system should work. At the heart of the dispute lies a key question: when exactly does a “release” occur? BASC says Natural England wrongly interprets this as when birds are placed in pens. BASC argues a release should be considered when birds are freed into the wild.

The association also alleges that Natural England has overstepped its authority. It says the agency forces shoots to get licences even when releasing birds outside designated protection zones. BASC argues this goes beyond what the law permits.

BASC’s position on licensing and conservation

“We have exhausted all other options in trying to work through these issues constructively,” said BASC chief executive Ian Bell. “Natural England’s licensing approach is legally flawed, unworkable and risks real harm to conservation and rural livelihoods.”

Many shoots remain unclear about their legal obligations under a system they argue is potentially unlawful. This leaves game managers scrambling to plan releases and secure permissions.

How does bird flu factor into the dispute?

The challenge comes as fresh bird flu concerns emerge, with four cases reported in the last fortnight. However, BASC maintains this isn’t about disease prevention: “We take the risk of avian influenza very seriously and support appropriate measures to protect bird populations,” a spokesperson told Shooting Times. “It’s vital that our response remains evidence-led and proportionate.”

Why this legal challenge matters for conservation and rural economy

At stake is privately funded conservation work worth over £500million annually. Much of this depends on viable game-shooting operations. Natural England has yet to respond to the latest challenge.

Did you like this article? Read more news from Shooting UK, or subscribe to Shooting Times & Country magazine.