Licensing non-native biological control agents: the English way

Biological Control in Ireland & Northern IrelandSarah Hugo

12th May 2011

Outline

• Legislative background• Role of Fera• Process and key players• Assessment of applications• Case studies• Issues

Wildlife and Countryside Act 1981 (WCA)

• Section 14 of the WCA 1981 prohibits the release into the wild or allowing to escape to the wild of all animal species which are not native to Great Britain, whatever their proposed use

• Includes holding non-native animals in semi-confined situations such as gardens, glasshouses, aquatic cages

• Non-native is “of a kind not ordinarily resident in and is not a regular visitor to Great Britain in a wild state”

WCA: Section 16

• Section 16 gives the Secretary of State powers to grant licences for releases so that Section 14 does not apply

• Releases of non-native animals may therefore be licensed under the Act for specific purposes such as:

• research, education, species (re-) establishment, control of pests on commercial crops, control of invasive organisms

WCA: section 16 licenses

• In England, the licensing authority for the release of a non-native animal or listed plant species is the Secretary of State for Defra:

• Fera is the appointed licensing body for non-native biological control agents

• Natural England is the licensing body for all other purposes

• Licence holders have a legal responsibility to comply with the statutory conditions in licences

• Inspection and enforcement mechanism via Defra’s ‘Wildlife Inspectorate’ and the police

Application for a licence

• Two types of licence:

• Releaser’s licence, for experimental or species (re-)establishment purposes

• Supplier’s and grower’s licences for commercial release (sale and distribution)

• Applications must include information on the organism to be released, purpose of release, and sufficient biological data to enable assessment of the risks and benefits

• Standard application form provided

Assessment of applications

• Fera receives and assesses all applications

• WCA guidance states “Secretary of State may wish to take advice before granting a licence”:

• Advice may be obtained from persons who are members of the Advisory Committee on Releases to the Environment

• Advice may be sought on nature conservation and wildlife aspects from Natural England, JNCC, SNH and CCW, and from Defra, SG and WAG

Assessment of new applications

Can the organism overwinter & establish in GB?

Yes NoApplicant’s experimental evidence‘Climex’ data

Is the organism host-specific?Potential risks and benefits of

the specific release

Special conditions attached to licence?

Licence plus monitoring requirements

Potential for dispersal?

Applicant’s experimental evidence

OK to licence?

Yes

Reject No

Yes

LimitedApplicant’s experimental evidence

Direct &/or indirect non-target effects?

Applicant’s experimental evidence &/ or published data

Wider consultation needed?

Consultation process

Licensing body: Food and Environment Research Agency

Application to release a non-native biological control agent

Natural England

JNCC Jeff Bale, University of Birmingham

Scotland Wales

Academic expert Devolved administrations

Government advisor(s)

Plant health restrictions

(Fera)

Consultation: advice on whether licence should be issued for release

No substantial objections

Fera drafts and issues licence to applicant: • Specified period of time • Specified restrictions for

use • Requirements for

monitoring and reporting

Objections / concerns &/or Lack of agreement, &/or High risk release, &/or New type of release

Conservation agencies

Fera seeks advice from ACRE

ACRE advice

supports licensing

ACRE advises further

information needed before licensing could be supported

ACRE advice not supportive

of licensing under any conditions

Licensing body (Fera)

Licensing body requests

further info from applicant

Information provided

Application rejected

Additional expert advice may be sought if necessary

Valid application? Completeness

check

Additional expert advice provided

if necessary

Substantial objections: REJECT

Reject: not for Fera; licence not needed;

other reason

• Slide removed as it contained commercial information about licences issued

Release of Aphalara itadori

• Classical biological control of Japanese knotweed

• Complicated by requirement to lift plant health licence restrictions

• Lengthy process requiring Ministerial approval• Licence issued with phased release and strict

monitoring requirements

Licensing body: Food and Environment Research Agency

Application to release a non-native biological control agent

Natural England

JNCC Jeff Bale, University of Birmingham

Scotland Wales

Academic expert Devolved administrations

Government advisor(s)

Plant health restrictions

(Fera)

Consultation: advice on whether licence should be issued for release

No substantial objections

Fera drafts and issues licence to applicant: • Specified period of time • Specified restrictions for

use • Requirements for

monitoring and reporting

Objections / concerns &/or Lack of agreement, &/or High risk release, &/or New type of release

Conservation agencies

Fera seeks advice from ACRE

ACRE advice

supports licensing

ACRE advises further

information needed before licensing could be supported

ACRE advice not supportive

of licensing under any conditions

Licensing body (Fera)

Licensing body requests

further info from applicant

Information provided

Application rejected

Additional expert advice may be sought if necessary

Valid application? Completeness

check

Additional expert advice provided

if necessary

Substantial objections: REJECT

Reject: not for Fera; licence not needed;

other reason

Peer review

Pre-requisite forissuing licenceunder WCA = REMOVAL of plant health ‘quarantine’

status

Interesting conundrums

• Amblyseius (Neoseiulus) californicus- Predatory mite particularly effective against red spider mite

- Licensed for many years in glasshouses only

- Reported in strawberry fields across country

- Growers want it de-regulated

• “Supernemos”- Company selling already-licensed EPNs, but in different

formulations

- Enhanced virulence against target pests: need to licence?

Issues to address

• Must balance regulatory burden on applicant with scope and potential impact of release

– including requirements for post release monitoring

• Separate licenses needed for release in England, Scotland and Wales

• Aware that process is not as visible as it could be – improve website and links from Defra, NNSS etc

• Classical biological control – need to clarify route for fungal agents

• Very different practices across the EU Member States – EPPO trying to ‘harmonise’ to some degree

Thank you for listening

sarah.hugo@fera.gsi.gov.uk

+ 44 (0) 1904 462223