Statutory guidance

Licence to permit the release of non-native sub species of bumblebee (Bombus terrestris) in commercial glasshouses for research

Updated 1 January 2024

Applies to England

Class licence CL28: to permit the release of non-native subspecies of bumblebee (Bombus terrestris) in commercial glasshouses for emergency crop pollination and research.

Overview

This licence permits growers and researchers to release commercially supplied non-native bumblebee colonies of Bombus terrestris terrestris and Bombus terrestris dalmatinus (and hybrids between these two subspecies) in the glasshouses at registered premises* for emergency crop pollination and research purposes.

This licence can only be used from 1 March 2024 to 30 September 2024.

This licence does not permit the use of non-native bumblebees in non-commercial situations (eg domestic gardens, allotments or orchards).

This licence does not place any conditions, restrictions or reporting requirements on the use of the hives containing commercial native British bumblebee (Bombus terrestris audax). To safeguard against the potential threats to bees and other wild pollinators, recently identified in a government risk assessment, Natural England strongly recommends that growers use the native British bumblebee which is now widely available for commercial use. These British bumblebees should also be screened for diseases and pathogens to the same level as the licensed non-native bumblebees.

Registration: Only those sites contributing to the research project being overseen by the Technical Officer at the Tomato Growers Association may register to use this licence.

Recording and reporting: There are data recording and annual reporting requirements

Reference: WML – CL34

Legislation

Statute(s): Wildlife and Countryside Act 1981 (as amended) (‘the 1981 Act’)

Section(s): This licence is issued under sections 16(1)(a), 16(4)(c) and 16(5)

Licence terms and conditions

Valid for the period: 1 January 2024 to 31 December 2024 (inclusive)

Area valid in: All counties of England (landward of the mean low water mark)

Purpose(s) for which this licence is issued: This licence can only be used for emergency crop pollination or research.

What this licence permits: Subject to all the terms and conditions of this licence and solely for the purposes stated above, this licence permits owners and managers of commercial horticultural businesses and research establishments to:

• Release non-native bumblebees of the subspecies Bumblebee (Bombus terrestris) into commercial glass-houses at Registered Premises in England as part of the bee pollinator research project.

Who can use this licence: This licence can only be used by Registered Persons* and their Accredited Agents* and Assistants* except those convicted on or after 1 January 2010 of a wildlife crime* unless, in respect of that offence, either:

• they are a rehabilitated person for the purposes of the Rehabilitation of Offenders Act 1974 and their conviction is treated as spent, or
• a court has made an order discharging them absolutely

Any application by a person to whom this exclusion applies for an individual licence will be considered on its merits.

*see Definitions

Definitions used in this licence

“Registered Person” is an owner or manager of the named commercial horticultural business or a researcher, and who has successfully registered to use this licence in accordance with Condition 1.

“Accredited Agent” is a suitably trained and experienced person who is able to carry out work under licence without the personal supervision of the Registered Person. A Registered Person must only authorise an Accredited Agent if they can personally assure that the individual is appropriately experienced, skilled and competent to undertake activities under this licence.

“Assistant” is a person assisting a Registered Person or Accredited Agent. Assistants are only authorised to act under this licence whilst they are under the direct supervision of either the Registered Person or an Accredited Agent. They cannot work alone or unsupervised.

“Registered Premises” are the commercial horticultural businesses that are involved in the bee pollinator research project.

“Wildlife crime” means any offence under the Conservation of Habitats and Species Regulations 2017 (‘the Habitats Regulations’), the Wildlife and Countryside Act 1981, the Protection of Badgers Act 1992, the Deer Act 1991, the Hunting Act 2004, the Wild Mammals (Protection) Act 1996, the Animal Welfare Act 2006, the Protection of Animals Act 1911 (all as amended) or the Invasive Alien Species (Enforcement and Permitting) Order 2019.

Licence conditions

1. To use this licence you must either:
   
   a. be a Registered Person (see Information and Advice notes h-l and Definitions);
   
   b. be authorised as an Accredited Agent (see Definitions) by a Registered Person, in which case you are only permitted to act under the authority of this licence if you are in possession of a letter signed by the Registered Person appointing you by name as a duly Accredited Agent for the purpose of this licence. Accredited Agents shall carry a copy of the said letter when acting under the licence and shall produce it to any police or Natural England officer on request; or
   
   c. be authorised by a Registered Person or their Accredited Agent to act as an Assistant (see Definitions), in which case you may act under the authority of this licence so long as you are doing so under the direct supervision of a Registered Person or their Accredited Agent. Assistants cannot work alone or unsupervised.
   
   
2. The Registered Person is responsible for ensuring that persons carrying out operations under the authority of this licence are aware of all terms and conditions of the licence.
   
   
3. This licence only applies to the release of commercially reared non-native bumblebee colonies that are free of the following viable diseases and pathogens: Nosebag bombi, Nosema apis, Nosema ceranae, Apicystis bombi, Crithidia bombi, Deformed Wing Virus, Locustacaris buchneri (tracheal mite), Melissococcus plutonius, Ascosphaera, Melittobia acasta, Aethinia tumida, American foulbrood (caused by Paenibacillus larvae) and Tropilaelaps mites. The latter three are all notifiable diseases and their presence must be reported to the National Bee Unit. Pollen supplied with any non-native bumblebee must also be free of the same viable pathogens and diseases (see Information and Advice note c).
   
   
4. Bumblebees must be housed in the original hive box as supplied and must not be re-housed in other containers.
   
   
5. This licence is only to be used at the registered commercial horticultural businesses. There must be a named person (the Registered Person) for the Registered Premise who may authorise other persons to use the licence (Accredited Agents and/or Assistants) and who is responsible for the conduct of all activities carried out under this licence whether by themselves or by the other authorised persons (see Information and Advice notes h - l for advice on registration).
   
   
6. The Registered Person or Accredited Agent and/or their Assistant shall only place non-native bumblebee colonies inside glass-house(s) during the period 1 March 2024 and 30 September 2024, and in appropriate numbers, required for emergency crop pollination and research activities, and shall comply with good practice and take all reasonable steps to prevent the escape of non-native bumblebees beyond the confines of such structures.
   
   
7. Non-native hives can only be used once they have been marked with “NN” using orange indelible ink and the following information posted in a prominent position at all entrances to the greenhouses in which they are to be placed:
   
   Hives of non-native bees, which are marked “NN” with orange indelible ink in this greenhouse can only be used in accordance with this premises’ Natural England class research licence.
   
   They must not be used in open fields and must only be used in this greenhouse to pollinate crops growing within these structures.
   
   Any unlicensed use of these hives is a criminal offence and may result in an unlimited fine or a 6 month custodial sentence, or both.
   
   The marked hives must be closed and removed from the crop by the 70th day after introduction and before the 30 September 2024, the bumblebees killed within two days and the hives disposed of as soon as possible.
   
   Bumblebees are to be killed either by freezing for at least two days at -18°C or by the application of an approved bee or wasp nest treatment insecticide.
   
   After use, the marked boxes and their contents must be disposed of in accordance with the Animal By-Products Regulations”.
   
   
8. When introduced to the crop all marked hives must have a queen lock or similar device to prevent the queens leaving the hive and at all times this lock must be set to the position intended to prevent the escape of queens. Colony hives must not be used where this lock is lacking, damaged or can be set in such a position which permits queens to leave the hive, and Natural England must be informed of any such issues (see Annex A).
   
   
9. Individual hives must be closed and removed from the crop 70 days after introduction, the bumblebees killed within two days and the hives disposed of as soon as possible. Bumblebees are to be killed either by freezing for at least two days at -18°C or by the application of an approved bee / wasp nest treatment insecticide.
   
   
10. After use, the non-native bumblebee hives and their contents must be disposed of in accordance with the Animal By-Products Regulations (see Information and Advice note c).
    
    
11. If the Registered Person, their Accredited Agents and/or Assistants becomes aware that nonnative bumblebees supplied under licence for crop pollination or research have become established in the environment, Natural England Wildlife Licensing (contact details below) must be informed in writing, within three working days.
    
    
12. If the Registered Person, their Accredited Agents and/or Assistants become aware of disease outbreaks, parasite infestations or high levels of unexplained mortality among commercial or native bumblebees in or adjacent to their premises Natural England Wildlife Licensing (contact details below) must be informed in writing within three working days.
    
    
13. The Registered Person, their Accredited Agents and/or Assistants shall permit an officer of Natural England, accompanied by such individuals as they consider necessary for the purpose, on production of their identification on demand, to inspect premises registered to use this licence and to be present during any operations carried out under the authority of this licence for the purpose of ascertaining whether the conditions of this licence are being, or have been, complied with. The Registered Person and authorised persons shall give all reasonable assistance to an officer of Natural England and any individuals accompanying them.
    
    
14. As part of any product stewardship disease surveillance regime being operated by the commercial bumblebee industry, Defra or Natural England, samples of bumblebees may be taken for testing when the hives first arrive on the farm. The Registered Person, their Accredited Agents and/or Assistants shall give all reasonable assistance to individuals working on behalf of the producers, Defra or Natural England to take samples of bumblebees for disease testing. Recording and reporting requirements
    
    
15. The Registered Person must maintain a record, which must be kept for at least 5 years beyond the expiry date of this licence, in accordance with the requirements of Annex A. Records are to be made available for inspection at any reasonable time by Natural England.
    
    
16. The Registered Person must comply with the reporting requirements specified in Annex A.

Important

This licence authorises acts that would otherwise be offences under the legislation referred to above. Failure to comply with its terms and conditions:

i. may be an offence against the 1981 Act or mean that the licence cannot be relied upon and an offence could therefore be committed. The maximum penalty available for an offence under the 1981 Act is, at the time of the issue of this licence, an unlimited fine and/or a six month custodial sentence;

ii. may result in your permission to use this licence being withdrawn. Natural England will inform any person or organisation whose permission to use this licence is withdrawn in writing. This sanction may be applied to other similar licences, and

iii. may mean that you are not able to rely on this licence as a defence in respect to the prohibitions within the Animal Welfare Act 2006 or the Wild Mammals (Protection) Act 1996.

If the activity that you wish to undertake is not covered by this licence, or if you are unable to comply with any of the terms and conditions which apply to the use of this licence, then you will need to apply to Natural England for an individual licence.

Issued by and on behalf of Natural England on 1 January 2024.

Information and advice specific to this licence

Bumblebee information

a. Persons relying on this licence should obtain a copy of the latest version of the IBMA “Advice to growers; the use of bumble bees for pollination of crops in the UK” from their supplier and confirmation that the bumblebees are free of viable pathogens listed in Condition 3.

b. This licence does not permit:

i. The use of non-native bees on any other premises owned by the registered person unless they have been registered with Natural England Wildlife Licensing (contact details below) or

ii. the release of non-native bumblebees in parts of the UK outside England, even if the supplier of the bumblebees is licensed for the release of bumblebees in these areas.

c. One of the ways to prevent the spread of bee and bumblebee diseases is to effectively dispose of the hives and carcasses of bumblebees. Current methods of killing bumblebees ie freezing or poisoning with insecticide, may not destroy the bacteria and viruses that cause the diseases. The effective destruction of bumblebee carcasses and their hives is covered in the Animal By-Products Regulations (APBR). Dead bumblebees are classed as a Category 3 animal by-product. This is the least risky category of ABPR. The regulations allow bumblebees and bombiculture by-products (which includes the cardboard hives) to be destroyed on site by burning or burial.

If the bumblebees and their hives have to be taken off site they must be destroyed in accordance with the regulations. There are various options but the most common are destruction by rendering or incineration at an animal bi-product approved incinerator or rendering plant. A list of such plants can be found at:- http://www.defra.gov.uk/ahvla-en/disease-control/abp/premises. Each consignment must be accompanied by a commercial document which has to contain certain information, such as the date, haulier and place of disposal.

Further information can be found at:- https://www.gov.uk/government/collections/guidance-for-the-animal-by-product-industry#transport,-storage,-handling-and-incineration. Failure to comply with the correct destruction of bumblebees and bombiculture by-products may be an offence under the regulations, which are enforced by the Local Authority.

d. This licence is issued specifically for a key contribution to a research scoping study by the Tomato Growers Association (TGA) in preparation for a bid for funding more in-depth research to improve the pollinating performance of the native species of bee Bombus terrestris audax. Data must be gathered and provided as requested by the TGA Technical Officer to make a valid contribution to both the scoping study and the planned research bid.

The law

e. Under section 14 of the 1981 Act it is an offence to release or allow to escape into the wild any animal which is of a kind which is not ordinarily resident in, and is not a regular visitor to, Great Britain in a wild state; this includes non-native subspecies of the bumblebee (Bombus terrestris). This offence shall not apply to anything done under and in accordance with the terms of this licence.

Recording and Reporting

f. Electronic copies of the record and report form (reference WML-LR-CL34) are available at GOV.UK, or they may be requested directly from Natural England Wildlife Licensing (contact details below).

g. Data gathered for the research project will be shared with Natural England. This will include monitoring of bee activity with bee counters, temperature data and production data of tomatoes.

Registering to use this licence

h. Only Registered Persons, or persons authorised or supervised by a Registered Person (see Condition 1), may act under this licence.

i. Once registered, a person is entitled to use this licence so long as they satisfy the licence terms and conditions. Failure to comply by the terms and conditions, including the recording and reporting requirements, will, by default, render registration null and void.

j. It is the responsibility of Registered Persons to maintain their expertise at an appropriate level to act under this licence and it is also their responsibility to ensure that Accredited Agents and Assistants have appropriate training, experience and instruction to act under this licence.

k. Anyone seeking to confirm whether a person is registered to use this licence should contact Natural England Wildlife Licensing (contact details below).

l. A person’s registration may be revoked by Natural England, for example, if that person breaches the conditions of this licence. In these circumstances Natural England will normally give 28 days’ notice of our intention to revoke a person’s registration.

Information and advice for all class and general licences

General information

m. Natural England checks compliance with licences and the attached conditions. Where breaches are identified, these may be subject to enforcement action.

n. Ordinarily, licences will be reissued on 1 January each year (NB you do not need to re-register for those with registration requirements). Please note, however, that they can be modified or revoked at any time by Natural England or the Secretary of State, but this will not be done unless there are good reasons for doing so. You are advised to check the terms and conditions of a licence prior to your first use of it each year in case of amendments.

o. The common name of the species given in a licence is included by way of guidance only; in the event of any dispute or proceedings, it is the scientific name of a species only that will be taken into account.

The limits of licences

p. Licences permit action only for the purposes specified on that licence.

q. Licences do not permit actions prohibited under any other legislation, nor do they confer any right of entry upon land.

r. Unless otherwise stated the provisions of Natural England licences only apply landward of the mean low water mark in England. The Marine Management Organisation is responsible for all licensing seaward of the mean low water mark.

Using and sharing your information

s. There is significant public interest in wildlife licensing and in those who benefit from receiving a wildlife licence. We may make information publicly available, for more information, please see our privacy notice.

Contact details for Natural England

For licensing enquiries:

Telephone: 020 802 61089

Email: [email protected]

Postal address:

Wildlife Licensing
Operations Delivery
Natural England
Horizon House
Deanery Road
Bristol
BS1 5AH

For other enquiries use the Enquiry Service:

Telephone: 0300 060 3900

Email: [email protected]

Website: https://www.gov.uk/government/organisations/natural-england

Annex A - Recording and reporting requirements

Records

The Registered Person must maintain a record of the following minimum information for the research activities undertaken using this licence (this also includes works conducted by Accredited Agents and Assistants acting under their authority):

• site name
• number of non-native bee hives used for research purposes
• the dates the non-native hives were introduced to green-houses and destroyed
• data gathered for the research project, including bee activity with bee counters, temperature, production of tomatoes

Records must be kept for at least 24 months beyond the expiry date of this licence.

Reporting

The Registered Person is required to complete a report (WML-LR-CL34) with the following information:

• site name and location (six figure OS Grid Reference)
• number of non-native bee hives used for the research purposes
• date(s) the non-native hives were introduced to green-houses
• date(s) the non-native hives were destroyed
• details of non-native bee hives supplied with the queen lock missing, damaged or set in a position which will allow the queens to escape

In addition, the following information must be supplied:

• summary data from bee counters for native bees (audax) and non-native bees
• summary data of tomato pollination

The deadline for completing the reporting requirements is 31 January 2024.

All licence report templates are available from the GOV.UK website at: https://www.gov.uk/government/collections/class-licences-for-wildlife-management.

WML-CL28 [version January 2024]