High Court to hear challenge to licensing scheme for releasing gamebirds on or near special protection areas

The British Association for Shooting and Conservation (BASC), which is the UK's largest shooting organisation with 150,000 members, said the court had agreed to hear its claim on all grounds.

The release of gamebirds on European protected sites in England has been regulated since 2021.

Following an outbreak of Highly Pathogenic Avian Influenza (HPAI), NE announced further restrictions in 2023 on releases on or near to protected areas to reduce the disease risk to the species for which these sites were notified.

This meant that an individual licence with bespoke conditions was needed to release gamebirds on SPAs.

NE later issued an update to the rules in March 2024, introducing a new individual licensing system for releasing pheasants and red-legged partridges on or near special protection areas (SPAs) in England.

BASC hit out against the scheme, claiming that NE had wrongly interpreted the definition of ‘release’ to be when birds are placed into secure release pens, rather than when they are released into the wild.

The shooting body asked permission from the High Court to pursue a judicial review in August last year.

Its claim also challenges NE's decision to extend licensing requirements beyond the legal boundaries, forcing shoots to obtain licences even when they are releasing birds outside of designated SPA zones.

It argued that the approach risks undermining conservation efforts, claiming that much of the habitat management and species protection carried out across the countryside is made possible through sustainable shooting.

BASC’s chief executive, Ian Bell, said: “Securing permission from the High Court on all grounds recognises the strength of our case and is a positive step towards achieving a fairer, clearer licensing system.

“It also demonstrates the value of BASC’s Fighting Fund, a unique resource that enables us to take decisive legal action to protect our members’ interests when it matters most.”

A spokesperson for Natural England said it is unable to comment on ongoing legal proceedings.

Adam Carey