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<p>Sites of Special Scientific Interest (SSSI) notification provides a key mechanism
for the management of terrestrial European sites, which include Special Areas of Conservation
(SACs) and Special Protection Areas (SPAs). This includes a consenting process for
operations listed as requiring Natural England’s consent. General guidance on the
consenting process is published on the GOV.UK website:</p><p> </p><p><a href="http://www.gov.uk/guidance/protected-areas-sites-of-special-scientific-interest"
target="_blank">www.gov.uk/guidance/protected-areas-sites-of-special-scientific-interest</a></p><p>
</p><p>Additionally the Conservation of Habitats and Species Regulations 2017 include
provisions to manage operations that may damage European sites.</p><p> </p><p>In response
to a pre-action protocol letter from Wild Justice in July 2019, last September the
Government accepted that in principle the annual release of non-native gamebirds on,
or affecting, SACs and SPAs is capable of constituting a “plan or project” requiring
appropriate assessment within the meaning of the Habitats Directive.</p><p>Whether
they will do so in any given case will depend on whether they may have a significant
effect on the specific SPA or SAC in question. This will depend in turn on the nature
of the activities, the features and condition of the SPA or SAC, the distance from
the SPA or SAC where the activities are carried out and the possible effects of the
activities. While not accepting the argument that current laws do not provide for
appropriate assessment in such cases, Defra committed to undertake a review to consider
the legislative arrangements around the relevant activities and whether there are
ways in which their effectiveness could be improved, as announced on 11 September
2019 (<a href="http://www.gov.uk/government/news/defra-responds-to-wild-justice-challenge-releasing-gamebirds-on-protected-sites"
target="_blank">www.gov.uk/government/news/defra-responds-to-wild-justice-challenge-releasing-gamebirds-on-protected-sites</a>).</p><p>The
review is looking at the following areas:</p><ul><li>Consenting process: in conjunction
with Natural England, Defra is reviewing the effectiveness of the process around Operations
Requiring Natural England’s Consent on European sites in relation to gamebird release.</li><li>Special
Nature Conservation Orders (SNCOs) under the Conservation of Habitats and Species
Regulations 2017: exploring the effective use of SNCOs in relation to gamebird release,
which have to date been used as a last resort option designed to limit potentially
damaging operations on or near European sites.</li><li>Legislative options: reviewing
the current legislative arrangements that are of relevance to the release of non-native
gamebirds on or around European sites, including considering whether any amendments
to current regimes could provide further safeguards to European sites. Defra is also
exploring other possible options for regulating such releases if current arrangements
do not provide a solution.</li><li>Number of gamebirds released and their impact on
European sites: examining available data to establish an estimate of the number of
gamebirds that are released on or around European sites in England. In terms of their
impact on European sites, considering available evidence including the findings from
a literature review jointly commissioned by Natural England and the British Association
of Shooting and Conservation, expected to conclude in March 2020.</li></ul>
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