As Natural England announce a revocation of the three general licences, The Field explains what has happened, why, and what to do now.
On Tuesday 23 April at 3.30pm Natural England sent out a press release stating that it was revoking three General Licences (GL 04/05/06) as of Thursday 26 April. The three licences cover 16 species of birds including several members of the crow family, Canada goose, some gulls and pigeons. As of 26 April the General Licence was revoked, and it became illegal to shoot these species without applying for a licence.
REVOCATION OF THE GENERAL LICENCE
The revocation of the General Licence occurred due to a legal challenge by Wild Justice, the vehicle set up by Chris Packham, Mark Avery and Ruth Tingay to ostensibly protect wildlife through the minutiae of legalese. However, for the timing of the revocation and how it was carried out, one must look to Natural England, the government and Mr Gove MP. The combination of which has lead to a situation that is wildly unjust, as carrion crows and pigeon go unchecked at one of the most crucial times of the farming year. And farmers and landowners have been suddenly criminalised for protecting their crops and livelihoods.
THE FIELD COMMENTS
“Some bird species must be controlled to protect crops, other bird species and public health, ” says Jonathan Young, Editor, The Field. “The government has a duty to ensure this and through Natural England’s ineptitude it has failed. NE did not carry out the background assessments of pest species’ damage necessary to the General Licence. Despite this, It assured countryside bodies a fortnight ago that all was in order and the existing General Licences would remain in place. Natural England then issues this extraordinary statement at 3.33pm on April 23 that the licences would be revoked on April 26. “
“This is incompetence on a breathtaking scale and the secretary of state for the environment, Michael Gove, must get a grip and ensure that the General Licences are reissued on April 29 in their previous form, without additional restrictions.”
Pigeon flightlines over spring drillings
LICENCE REVIEW
Natural England said: “The action is the first stage of a planned review of general and class licences, which will be completed this year”. Quite rightly those who live, work and farm in the countryside, as well as those who enjoy shooting, should be worried about the way Natural England is run, and how our MPs and the government act on its advice.
WHY WAS THE GENERAL LICENCE REVOKED?
The revocation of the General Licence follows a legal challenge to the way the three licences have been issued, which could mean users who rely on them are not acting lawfully.
Michael Gove explained in a letter to Conservative MPs:
“Wild Justice contended that the general licenses were unlawful as the licensing authority (currently natural England) has failed to comply with section 16 (1A)(1) to the Wildlife and Countryside Act 1981.
“(1A) The appropriate authority…
shall not grant a licence for any purpose mentioned in subsection (1) unless it is satisfied that, as regards that purpose, there is no other satisfactory solution”
Natural England had to be satisfied that there were no satisfactory alternative solutions. NE did this through a condition in the general licence which requires users to be satisfied that appropriate legal methods of resolving the problem such as scaring and proofing are in effective or impractical.
Wild Justice argued that in leaving the decision as to whether alternative solutions are ineffective or impractical to the licence user, Natural England has not complied with section 16(1A)(1) to the WCA and that therefore the licences are unlawful”.
Carrion crow were shot under General Licence
SHOOTING AND COUNTRYSIDE ORGANISATIONS COME TOGETHER
Shooting and countryside organisations have united to demand the utter chaos caused by Natural England’s decision to change General Licences, to allow control of certain species of birds, is minimised and resolved as quickly as possible.
After the unexpected announcement from Natural England that they were temporarily withdrawing three General Licences, the British Association for Shooting and Conservation (BASC), Countryside Alliance (CA), Country Land and Business Association (CLA), National Gamekeepers Organisation (NGO), Moorland Association (MA) and Game & Wildlife Conservation Trust (GWCT) have come together to demand the next set of licences are implemented quickly, and are simple to understand and use.
“The General Licence has been an effective management tool for farmers, pest controllers and conservationists for decades. For Natural England to give just 36 hours’ notice that the licences were to be withdrawn, especially at such a vital time of the year for wildlife management, is unacceptable. Natural England knew of their plans in February but did not inform any one publicly until April 23. As a group we have made clear our extreme disappointment at Natural England’s decision, and the manner in which this issue has been handled by them has been roundly criticised, even by those who were seeking to change the way in which general licences are issued.
However, we understand the need to work with the statutory body in order to deliver an effective and legal set of new licences that are fit for purpose as quickly as possible”.
Shooting crows in Essex
COUNTRYSIDE ALLIANCE ON THE GENERAL LICENCE
Tim Bonner, Chief Executive Countryside Alliance, said: “We have united as a group of organisations to ensure Natural England’s next decision is in the interest of the thousands of farmers, pest controllers and conservationists that use the General Licence for the benefit of our countryside. Natural England should stick to their principles instead of bowing down to animal rights pressure groups”.
BASC ON THE GENERAL LICENCE
BASC Chief Executive Ian Bell said: “BASC has been fighting around the clock to ensure that the work can continue to protect young lambs, red-listed birds and valuable crops. I have demanded meetings with Natural England at which I have made plain the outrage in the countryside at the manner at which this has been handled. We have briefed MPs and ensured that Government Ministers are left in no doubt of the damage this will do to the countryside and Natural England’s reputation. We have briefed our members and will ensure that they are the first to know when sensible and practical alternatives to the general licence are put in place. This is a matter of urgency for the health and welfare of the countryside.”
CLA REPSONDS
Tim Breitmeyer, CLA President said: “The abrupt halt to the licensing system leaves our members in complete limbo, unsure of what they can do to protect their crops, young livestock or farmland birds. A burdensome administrative process will only exacerbate the unintended consequences of an ill thought-through decision. This time Natural England has to get it right and ensure that the likely flood of new applications are dealt with speedily and efficiently.”
NGO RESPONDS
NGO Chairman, Liam Bell, said: “Natural England has made an absolute shamble of this and has put gamekeepers and others to huge inconvenience and concern, to say nothing of imperilling vulnerable nesting gamebirds and wildlife. We are united with other like-minded organisations in demanding a return to workable General Licensing within the shortest possible time. Once that has been secured, there must surely be consequences for those at NE who have made serious mistakes and miscalculations.”
THE MOORLAND ASSOCIATION REPSONDS
Amanda Anderson, Director of the Moorland Association, said: “The managed grouse moors of upland England are alive with the next generation of vulnerable ground nesting birds. The survival of their chicks in the next few weeks is paramount to threatened populations of curlew, lapwing, golden plover and black grouse. Natural England had since February to prepare a smooth transition from old to new licences yet prefer to let the very birds they are supposed to protect, perish whilst landowner and gamekeepers look on in dismay and disbelief. We need answers and fast to avert further mayhem.”
FROM THE GWCT ON THE GENERAL LICENCE
Andrew Gilruth, GWCT Director of Communications, said: “Suspending pest control licences, before replacements are in place, is a hammer blow for wildlife. One large scale European review found that 70% of curlew nests were not able to hatch a single chick due to predation. It’s bizarre Natural England appear unaware that modern conservationists trap and remove crows to protect the chicks of our most threatened species. As a result, all such traps are being removed across England at the very moment species such as curlew, meadow pipit and golden plover need our protection the most – when they are nesting.”
WHAT HAPPENS NOW
New general licences will go live on GOV.UK from next week commencing 29 April. These will:
- cover the majority of circumstances previously covered by the revoked general licences, GL04, GL05 and GL06
- ensure landowners can continue to take necessary action, whilst also taking into account the needs of wildlife
If you need to act within the law before these are ready, apply with Natural England.