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: 1 March

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.

The previous versions of GL43 (applicable to release on or near Special Areas of Conservation (SACs)) and GL45 (applicable to release on or near Special Protection Areas (SPAs)) both expired on 1 February. 

BASC remains in regular contact with civil servants from both Defra and Natural England and we are anticipating that GL43 will be issued shortly. We understand that, due to the current uncertainty regarding avian influenza GL45, will be issued later. 

This page will be updated with further information from the government as soon as it is available, but any members requiring assistance can contact their local BASC regional team.

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.

It’s also a reminder that ongoing engagement with policymakers is crucial. I’m glad to see that the government is committed to continuing these discussions to ensure that any future changes are based on solid evidence and best practices.

With these changes due to come through the yet-to-be-published Natural Environment (Scotland) Bill, BASC has already been busy laying the groundwork through lobbying and providing robust evidence to policymakers.

That is why BASC’s exclusion from a deer management stakeholder roundtable at the Scottish Parliament’s Rural Affairs and Islands Committee session on Wednesday was wholly unacceptable.

By the parliamentary clerks failing to include us and others in the meeting, we question the validity and accuracy of the findings and evidence, given the panel does not fully and accurately represent the Scottish deer management sector. Most notably the British Deer Society and Lowland Deer Network Scotland were also excluded. The omission of informed discussion on lowland deer management reflects poorly on the integrity of the process.

By omitting us from the session, over 5,500 BASC members, who are the backbone of deer management in Scotland, were not represented. 5,500 Scotland members who actively take part in deer management and range from professional deer managers to recreational stalkers, right across Scotland’s many diverse landscapes. Their work contributes to managing the deer population of Scotland, contributing to nature and climate goals, as well as producing Scotland’s wild venison. To put it bluntly, it would be like having the NFU excluded from a committee session on farming.

This exclusion also denied MSPs access to valuable insights, including findings from BASC’s 2024 deer survey – the most comprehensive engagement on deer management in Scotland in recent years.

Not only do we represent the lion’s share of deer managers and stalkers, we also are the major provider of the Deer Management Qualifications (DMQ), which will be analysed during this Bill through the lens of mandatory training. We are also the leading venison consumer marketing campaigner and heavily involved in the promotion of venison as a healthy, ethical, source of low cholesterol, high protein red meat through our Eat Game brand and leading industry awards scheme.

Callum Thomson, the Scottish Parliament’s Group Head of Scrutiny outlines clearly on the parliamentary website that ‘Parliament’s scrutiny of policy and the legislation Members pass is informed by a wide range of experiences, needs and views – especially from those most directly affected by the policy in question’. Yet the 5,500 members who actively manage deer in Scotland, and indeed a large proportion of the 42,000 UK-wide deer members who travel to Scotland for deer stalking, will be directly affected by the Natural Environment (Scotland) Bill.

The matter was escalated to the Presiding Officer, who has failed to address and acknowledge the scale of this exclusion. Fundamentally, this is a serious issue as the Scottish Parliament is there to represent all.

Looking ahead, we welcome Minister Jim Fairlie’s attendance at our Gamekeeping and Wildlife Management Day in March. This event will provide a crucial opportunity for him to hear directly from those managing Scotland’s deer populations and understand the real issues at stake.

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.