Draft Guidance on wildfowling on land under Environmental Stewardship management (particularly Higher Level Stewardship options HK9-14)

Natural England recognises the sustainable harvesting of quarry waterfowl through controlled wildfowling as a legitimate use of the wildlife resource. Disturbance due to sporting shooting can however cause wildfowl to change their behaviour, distribution and habitat use, and may affect bird populations locally and in a regional/wider context. It can affect quarry and non-quarry species alike.  Disturbance is likely to be especially significant when food is limiting, for example, when high numbers of birds are restricted to small patches of suitable habitat, or during very cold weather conditions, although in periods of severe weather the government has the power to suspend shooting of wildfowl after 15 days, and BASC instigates a voluntary ban on shooting after 8 days.

This prescription does not preclude consented wildfowling on SSSI land covered by these options, nor existing wildfowling on areas outside protected sites. There should be a presumption that shooting can continue or be introduced where it can be judged to i) not adversely affect the integrity of SPAs; ii) not damage the interest features of SSSIs; and iii) not prevent achievement of the HLS indicators of success.

It should be noted that Natural England must not permit operations on land managed under ES agreement that may damage SSSIs or adversely affect SPAs irrespective of whether the operation lies within or outside SSSIs and SPAs. This is particularly relevant here as improvements in grassland habitat may cause birds to move out of such sites and into such improved areas. These judgements will need to be made by Natural England on a case-by-case basis.

The definition of sustainable shooting is not straightforward and will vary from site to site.  The judgement will need to take into account the BASC note describing the concept of sustainable wildfowling (Appendix 1). Where SSSIs and SPAs are concerned, Advisors should also see the guidance note on ‘Natural England’s approach to assessing and responding to wildfowling notices on SSSIs and European Sites’.

In this context the following essential and desirable information, will need to be considered and agreed.  Consultation with local wildfowling groups and an NE ornithology specialist is recommended.

Essential information:

• Area over which the activity is proposed to be carried out (including a map)
• the maximum number of visits per season
• Indication of likely bag returns

Desirable information:

• Any restrictions on the number of simultaneous visits and/or the number of days that wildfowling may take place (eg it is illegal on Sundays in some counties)
• Presence and location of any no shooting zones or refuges managed for minimal disturbance (ie preventing disturbance from other activities).

One of the potential benefits of sustainable wildfowling on HLS is the recording of bird usage of a site by wildfowlers.  The provision of this information should be discussed during agreement negotiations. In addition, all shoots on ES land should record numbers and timing of visits and bag records, which should be provided on request.

BASC guidance on wildfowling must be followed by all wildfowlers using ES land.  Click here to read the Wildfowling code of practice. 

APPENDIX 1

Sustainable wildfowling

The European Commission guidance document on hunting under Council Directive 79/409/EEC on the conservation of wild birds, the Birds Directive states in paragraph 2.4.7 -

‘In the context of hunting wise use clearly implies sustainable consumptive use with an emphasis on maintaining populations of species at favourable conservation status. The concept appears to correspond well with the definition on sustainable utilisation given in the Convention on Biological Diversity. ‘

Wildfowling in the 21st century is a recreational sport carried out by people from many different backgrounds in their spare time. All wildfowlers are faced with the challenge of trying to predict where birds might appear, and come sufficiently close to the place where they chose to shoot from. Unlike driven game shooting, wildfowling is predominantly a solitary activity.

Wildfowl constantly change their movements in response to weather, flooding and the availability of food sources, which are frequently not associated with wet grassland, e.g. stubble, sugar beet tops and potatoes etc. The most important thing to a wildfowler is that there are birds using the land. This provides the opportunity to test their ability to find the right place at the right time, in the hope that a bird will pass close enough for a shot (around 35 yards).  As wildfowl are never driven towards guns, it is in the interest wildfowlers to remain well concealed until quarry approach within this range.

BASC affiliated wildfowling clubs own, or lease shooting over significant areas of the coast, adjacent farmland and inland flood plains. In addition, some BASC members own land and shooting rights for their own informal recreational use. In the club situation shooting is regulated in a way that reflects the amount of land that is shot over and the number of members in the club. The aim is to make sure that shooting is managed in such a way that birds are encouraged to use the site.  This same approach is used with land in private ownership.

When making a decision about shooting at the local level HLS advisors will have to satisfy themselves that it follows the sustainable management approach outlined above.