GL43 and GL45
Covering the release of gamebirds on or near Special Protection Areas in England, GL45 now sits alongside the existing general licence (GL43), which facilitates the release of gamebirds on or near Special Areas of Conservation.
Update: 24 March
Following engagement by BASC, Defra confirmed on 21 March that GL43, the general licence which permits the release of pheasants and red legged partridges on or within 500 metres of a Special Area of Conservation (SAC), will be issued in the next couple of weeks.
Defra also advised that Ministers have not approved the issuing of GL45, which applies to the release of these gamebirds on or within 500 metres of Special Protection Areas (SPAs), due to the current risk levels of avian influenza. They advise that shoots on these areas will be able to apply for an individual licence from Natural England.
While BASC welcomes the news that GL43 will be issued, we have raised serious concerns regarding GL45 not being issued at this time and have written to the Minister highlighting the significant implications for those affected, along with the need for the individual licensing process be open and correctly resourced, with decisions made in good time given that planning by shoots is already well underway.
Additionally, we have sought assurance that when the AI risk levels decrease, the Minister will review issuing GL45.
BASC is continuing to engage with Defra and Natural England and this webpage will be update when further information is available. Any members who are affected and require assistance should contact their local BASC team as soon as possible.
Background and timeline
The release of gamebirds (pheasants and red-legged partridges) and the potential impact on European Protected Sites (EPS) in England (only) was subject to a legal challenge.
Legal proceedings were brought due to a lack of information or assessments by the relevant government agency, rather than any specific evidence of an issue with the releasing of pheasants and red-legged partridge in relation to these sites.
EPS sites include Special Areas of Conservation (SAC) designated for flora and fauna, and Special Protection Areas (SPA) for birds.
In practice, these sites are also Sites of Special Scientific Interest (SSSI), so if any activity is likely to cause damage, consent is needed from Natural England. Additionally, any activity that occurs outside of an SSSI which damages that site can be prevented by a stop notice.
Following the legal challenge, in 2021 the government proposed an interim licensing regime, alongside a prohibition of the release of pheasants and red-legged partridge on or with 500m of an EPS.
BASC and others responded to the consultation on the proposals and engaged with civil servants to negotiate a workable interim regime and annual general licence.
The general licence GL43 was subsequently introduced in 2021 and renewed in 2022 with little change. At this time, it permitted the release of pheasants and red-legged partridges on or within 500m of all EPS (both SAC and SPA), up to certain density figures, subject to other aspects such as relevant consents (as these sites are also SSSI, this could be required) being in place. The density figures for release were based on GWCT guidelines and are referenced in The Code of Good Shooting Practice.
Alongside GL43, which was issued by Defra, there was an individual licensing route for those who could not comply with its conditions; most notably if greater densities were planned to be released. The individual licensing regime was overseen by Natural England.
GL43 did not have to be applied for, but users had to comply with the conditions set within the licence which included reporting if you were releasing 50 or more common pheasants or red-legged partridges.
Because EPS are also SSSI, depending upon the designation of the individual site, permission – or consent as it is known – was also potentially required. Find out more here.
In September 2024, Defra carried out a review of the legislation which prohibits the release of pheasants and red legged partridges on or near (within a 500 metre ‘buffer zone’) European protected sites in England (only).
This legislation which underpins the licensing regime, under which the general licences GL43 and GL 45 are issued, was enacted on an interim basis, subject to a sunset clause which meant it would expire by 30 May 2025.
In the review Defra, identified the interim approach had met fundamental objectives but that further scientific studies regarding ecological effects of gamebird release are under way (some funded by BASC) and that until this was completed the legislation should be rolled forward without a sunset clause.
This process was completed at the end of January 2025. It therefore remains an offence to release pheasants and red legged partridges on or near (within 500 metres) of European protected sites in England site without a licence.
BASC was supportive of Defra’s proposal on the basis that the government will review the need for the current measures as more evidence comes forward, and consider alternative approaches.
Issues in 2023
The 2022-23 version of GL43 expired at the end of May 2023, initially without a replacement.
However, it was subsequently reissued and was valid for a two-year period. Importantly, it was no longer applicable to SPAs or within the 500m buffer zone around these sites. This change was based on the perceived risk at this time of highly pathogenic avian influenza (AI) to the bird ‘features’ which the sites were designated for.
GL43 remained valid in relation to SACs and the associated 500m buffer zone.
However, anyone who wished to release pheasants and red-legged partridge on SPAs and within 500m of these sites in England, had to apply to Natural England for an individual licence, without which release in these areas was not lawful.
BASC launched a legal challenge following the decision to remove SPAs from GL43, but also continued to engage with Defra in seeking a solution to this issue.
March 2024
In March 2024, following ongoing engagement with Defra by BASC and other stakeholders, a new general licence GL45 covered the release of gamebirds on a number of SPAs and surrounding buffer zones. For other areas not included, there remained an individual licence route. Due to an improving situation with regards to the risk levels of AI, an updated GL45 covering the majority of SPAs, was issued on 7 June.
CURRENTLY THERE IS NO GENERAL LICENCE FOR EITHER SACs or SPAs.
Please see the update above and below FAQs.
FAQs
There is advice on the BASC website here which includes an updated mapping tool so you can easily find specific sites and designations. Alternatively, you can use the common pheasant and red-legged partridge releases map. You can also find a map of these sites from a link on the general licence itself.
BASC is regularly engaging with Government, highlighting the need for certainty for our sector. We currently expect a new GL43 to be issued shortly, but due to the current uncertainty regarding avian influenza, GL45 will be issued later. At present there is not an opportunity to apply for an individual licence until the general licences have been issued.
While we await the new licences it is anticipated that if your planned release is on SAC or its 500-metre buffer zone and also an SPA, then you will need to comply with the new GL45 to release gamebirds or, where applicable (if the SPA is not listed on the new version of GL45), apply for an individual licence.
Release outside of these sites is not affected by this legislation. However, it is important to note that you must comply with other applicable legal requirements, such as completing the poultry register and caring for the gamebirds in line with welfare legislation and SSSI rules.
It is also important that as well as complying with the law, both in relation to this interim licensing regime and wider, we should also comply with established best practices for sustainable shooting, as detailed in the Code of Good Shooting Practice and the relevant sector codes of practice.
BASC members should initially contact their regional team for help. We can also assist members in checking if their pens/intended release sites are within 500m of an EPS designation and support with the individual licence process if required.
