Scottish Government Response to the Report from the Deer Working Group on ‘The management of wild deer in Scotland’

March 2021 Foreword by Roseanna Cunningham, Cabinet Secretary for Environment, Climate Change and Land Reform

I am pleased to present our response to the report ‘The management of wild deer in Scotland’ by the Deer Working Group. The report which is underpinned by extensive research and detailed consideration by the members of the Group, has resulted in an in-depth and comprehensive report which addresses the many challenges facing deer management in Scotland today. I have been involved in legislation on deer management in Scotland for a long time, in fact since consideration of the 1996 Deer Act at Westminster, through significant milestones including the 2011 Wildlife and Natural Environment Act in the Scottish Parliament and the 2016 Land Reform Act. Throughout the last ten years or so, we have been on a journey to try and ensure that deer management is sustainable and that the public interest in safeguarding the environment is at the heart of deer management planning. We have also of course ensured that the important role that deer play in the rural economy is not overlooked, as well as being very conscious of the high value that we all place on deer as a symbol and important ecological element of the magnificent Scottish uplands and forests.

I think there can be no doubt that we have made significant progress over the last decade and this has been shown by the reports and assessments made by NatureScot (previously Scottish Natural Heritage) over the period. I am very grateful for the work of the Deer Management Groups who have collaborated, assessed impacts, planned and put plans into effect over the period. I must also mention the gamekeepers, gillies and other deer managers, both professional and recreational, who have worked hard to make plans a reality.

We all know however that the external circumstances are changing and changing fast and we recognise that now is the time to step-up our deer management work. The twin climate and biodiversity crises require a much greater urgency to our efforts to ensure sustainable deer management and we must recognise that more can and must be done to better realise our ambitious targets on vital issues such as forestry regeneration, woodland creation, peatland restoration and habitat improvement. I think it is clear to all now that protection of the massive and essential investments we are making in natural solutions to reduce carbon emissions and to enhance and restore biodiversity in Scotland have to be the main focus of our deer management policy.

While I make no apology for stressing the need for effective deer management, I do not overlook the importance of maintaining and improving standards of welfare for wild deer. The Report makes some very important recommendations in this regard. I should also like to add that the newly- established Scottish Animal welfare Commission has examined the recommendations of the Group and are broadly supportive of those which relate to deer welfare.

The Report sets out a wide range of sometimes complex recommendations for deer management systems across Scotland. The Report’s recommendations are ambitious and developing and implementing a system of this nature will be complex. There are some aspects which will require further careful consideration and consultation. We recognise that there will be resource implications for colleagues in both the public and private sectors.

Some of the recommendations involve changes to practices and work on the ground, and we will seek to implement those as soon as is practicable. Others will require legislation we will look to bring forward the necessary changes during the course of the next Parliament.

We know we can rely on help from a wide range of experts and partners as we move forward in this area. Government action by itself cannot bring about the kind of change we need to see. To fully realise the policy aspirations in this report will require a collective effort, from across the public sector, non-government organisations and those with private interests in land management, and this is vital to ensuring that we leave no one behind. Finally, I would like to thank the members of the Deer Working Group for their huge commitment to this work and their comprehensive consideration of deer management. The Group was chaired initially by Simon Pepper OBE until his death in September 2018 and I want to take this opportunity to acknowledge Simon’s substantial contribution to the report and also his wider work in areas such as sustainable development and nature conservation. I would also like to thank Andrew Barbour, who took on the role of Acting Chair from September 2018 and supported the delivery of the final report. My thanks also extend to our wider stakeholders who have provided advice and shared their practical experience and expertise.

Background

The Deer Working Group was established by the Scottish Government in 2017, following reports by Scottish Natural Heritage (SNH) (now known as NatureScot) in 2016 and the Scottish Parliament’s Environment, Climate Change and Land Reform (ECCLR) Committee in 2017.

The Group was appointed as an independent working group to review the existing statutory and non-statutory arrangements for the management of wild deer in Scotland, taking account of the position with each of the four species of wild deer and the varying circumstances across Scotland.

The Group’s Remit

The Group’s remit was to “make recommendations for changes to ensure effective deer management that safeguards public interests and promotes the sustainable management of wild deer”.

The Terms of Reference reinforced that the Group should “consider the position with all species of wild deer in Scotland and the varying circumstances across Scotland in both the uplands and lowlands”.

The Government’s Operating Framework for the Group clarified that the Group had “been established as a working group so that it can focus at a detailed level on the current statutory and non-statutory arrangement for deer management in Scotland, to make recommendations to fulfil the Group’s remit”.

The Group’s Membership

The Deer Working Group (DWG) was appointed by Scottish Ministers and was made up of the following members:

Chair Simon Pepper OBE (died September 2018)

Members Andrew Barbour (Acting Chair from September 2018) Dr Jayne Glass

Independent Specialist Advisor Robin Callander

External Advisors Richard Coke Malcolm Combe

Group Secretary Becky Shaw

The Group updated its report with information from SNH’s 2019 deer report for Scottish Government ‘Assessing Progress in Deer Management’ and from two SNH commissioned research reports on deer, Report No 1149 2019 and Report No 1158 2019, where appropriate.

The report was presented to Scottish Ministers by the Group in December 2019 and published in January 2020.

Scottish Government’s response to the recommendations of the Deer Working Group

Whilst sustainable and effective deer management has long been recognised as a vital contributor to land management, twin biodiversity and climate crises mean our actions to mitigate and prevent damage by deer on our environment are now more important than ever. Herbivores such as deer cause damage by overgrazing and trampling vulnerable habitats and preventing young trees from growing. It is vital we protect tree-planting, woodland regeneration and peatland restoration from further damage if we are to meet our climate change and biodiversity commitments and protect our environment.

NatureScot, as Scotland’s deer authority, have a significant role to take here in leading the sector in stepping up to this important task and we recognise the great deal of consideration given by the Deer Working Group to how these challenges can be tackled.

The recommendations made by the Group can broadly be arranged into the following aims:

• To improve consistency in legislation and remove restrictions on where, when and how deer can be taken/killed; • To provide a clearer vision for deer management based on public interest within the context of the climate emergency and biodiversity crisis with clearer actions to deliver these aims; • To set clearer thresholds for acceptable impacts on public interests; • To encourage greater use of regulation, as a means of promoting wider compliance, and more focus on individual responsibility; • Greater equity in addressing the range of public interests impacted by deer; and • Access to better information.

Whilst we are clear that there is work to be done on modernising Scotland’s arrangements for deer management in the context of these crises, we are not overlooking the significant progress which has been made in managing wild deer which includes:

• Over £21m invested by Peatland ACTION between 2012 and 2019 to deliver restoration activities to 19,000ha of degraded peatland, with DMG led projects being regarded as highly successful; • Higher culls of all deer species over recent years recorded through statutory cull returns, with the highest recorded cull of 136,000 deer in 2017-18; • Many organisations and partnerships are leading the way in habitat impact assessment (HIA) monitoring, which is essential in understanding deer impacts and informing cull planning. Monitoring has been widely adopted in the uplands and NatureScot are working with the sector to develop woodland HIA guides, the next priority habitat for assessment; NatureScot established the Lowland Deer Panel to address localised issues in the Lowlands with new work being taken forward with Transport Scotland to identify further areas for action to reduce deer vehicle collisions; and • The use of incentive schemes, such as Peatland ACTION and the Biodiversity Challenge Fund, alongside regulatory action, field trials and research into new technologies are being utilised by NatureScot to meet climate change and biodiversity priorities through deer management.

Deer densities: We recognise that measuring deer densities can be challenging, and that deer damage is more often utilised in deer management decision making. However, we do believe deer population and density monitoring has a role alongside damage levels in monitoring progress. There are signs of progress in parts of Scotland, NatureScot Commissioned Research (2019) on national deer densities shows that there are areas of Scotland in which deer numbers are more sustainable than others, with a decrease in population densities between 2016 and 2019 as a result of increased levels of culling. We also recognise that this is simply a snapshot and that the DWG’s findings of deer population levels of over one million show there is still a great deal of work to be done to ensure deer numbers are manageable and protect Scotland’s important natural habitats. Our response below includes consideration of broad averages for deer populations but where necessary targeted strategies for further action will be required.

In forming this response to the recommendations made in the Deer Working Group report, the Scottish Government considered the progress that has been made, alongside all of the available evidence, including expert advice from the Scottish Animal Welfare Commission (SAWC) whose report can be viewed here: SAWC response to deer working group report.

Consideration has also been given to the views of those with a range of interests involved in the management of wild deer including executive agencies of the Scottish Government; public bodies including NatureScot; National Park Authorities; those representing private deer management; and environmental Non-Government Organisations. Many of the recommendations require legislative change, a process which will involve wider consultation and engagement with those who would potentially be affected.

Note: The Group’s report and recommendations refer throughout to Scottish Natural Heritage (SNH). In August 2020 SNH was re-branded as NatureScot but the functions of the organisation remained the same, and this response will refer to NatureScot throughout.

Next Steps

Legislation: The Report makes a number of recommendations for legislative updates, many of which will require primary legislation. Some of these recommendations are highly detailed and have complex interdependencies and while we agree with them in principle the wording and inter- relationships between them will require careful consideration.. We will also expect to carry out a public consultation in the normal way before any proposals are introduced into Parliament. Where this is the case we have accepted such recommendations in principle and, given the limited time left this parliamentary year, will take forward further proposals in the next parliamentary term.

Non-legislative recommendations: Whilst legislative work is ongoing we will prioritise recommendations which will improve sustainable deer management and support our climate change and biodiversity targets to take forward alongside and ahead of legislative work. The Scottish Government will identify and take forward priority actions in collaboration with appropriate stakeholders.

Table of Response

The table below lays out the Scottish Government’s response to each of the 99 recommendations made by the Group:

Rec Recommendation Scottish Government Response Rationale Next Steps . No. 1 The Scottish Parliament should The Scottish Government Whilst the references in the Act The Scottish Government will amend the Deer (Scotland) Act accepts this reflected the relevant bring forward proposals to 1996 to replace the references recommendation. responsible authorities at the modernise the Deer (Scotland) in the Act to the Deer time of drafting, the Scottish Act in the next parliamentary Commission for Scotland, Government agrees that it term. Secretary of State and the would be beneficial to revisit Houses of Parliament with this to ensure these references Scottish Natural Heritage, are up-to-date. Scottish Ministers and the Scottish Parliament respectively. 2 Scottish Natural Heritage The Scottish Government The Scottish Government NatureScot will give further should develop its own more accepts this recommendation recognises the value of consideration on how best to detailed distribution maps for in part. distribution maps in supporting improve current arrangements wild deer in Scotland; that a strategic approach to for distribution maps. Scottish Natural Heritage managing deer in Scotland. should more accurately report However, we also recognise NatureScot will provide the basis of national population that there are significant additional details on the data estimates for wild deer which it resource implications in and information underpinning publishes; and that Scottish developing new, detailed population estimates and cull Natural Heritage should make distribution maps and that statistics prior to the next clear that the national cull existing maps are available update. statistics which it publishes are from the British Deer Society, based only on the numbers which may provide adequate reported through cull returns. level of information for their use by NatureScot. The Scottish Government also accepts the recommendations for

NatureScot to provide more detailed information on the basis of which its national population estimates and national cull statistics are formed.

3 Section 1 of the Deer (Scotland) The Scottish Government The Scottish Government The Scottish Government will Act 1996 should be amended to accepts this accepts this amendment which bring forward proposals to make explicit that Scottish recommendation. will ensure that the legislation is modernise the Deer (Scotland) Natural Heritage has distinct clear about NatureScot’s Act in the next parliamentary functions under the Act, to functions in relation to deer in term. modernise the stated purpose Scotland. of the Act to reflect contemporary public policy objectives, and to convert the list of interests to be taken into account into an inclusive rather than exclusive list. Part Two – Public Safety and Deer Welfare

4 The Scottish Government The Scottish Government Both NatureScot and Forestry NatureScot will continue to should make a clear accepts this recommendation and Land Scotland have promote non-lead alternatives commitment to end the use of in principle. committed to ending the use of and work with stakeholders to lead bullets to shoot deer in lead ammunition to shoot deer phase out lead ammunition to Scotland, carry out the on Scotland’s national forests shoot deer across Scotland. necessary research and and land over the next five The Scottish Government will promotion to enable that years and non-lead ammunition give further consideration to change to be made after a is used in approximately 95% whether a statutory ban is transition period and, as a part of circumstances. There is wide appropriate. of that, amend The Deer recognition of the need to move (Firearms, etc.) (Scotland) away from using lead Order 1985 so that the ammunition, not only to shoot specifications in paragraph 3(a) deer, across the shooting

of the Order are suitable for the sector. Furthermore, work is use of non-lead bullets. ongoing at a UK level to consider the future of lead ammunition.

5 The use of a shotgun to kill wild The Scottish Government The Scottish Government The Scottish Government will deer should be made subject to accepts this agrees that there are limited bring forward proposals to authorisation by Scottish recommendation. circumstances in which a modernise the Deer (Scotland) Natural Heritage through a new shotgun is a necessary, or Act in the next parliamentary provision in the Deer (Scotland) appropriate, method of term, and a suitable transition Act 1996, that the owner or managing deer. By making the period will be considered. occupier of any land should be use of shotguns subject to able to apply for such authorisation NatureScot can authorisation and that the terms ensure the most appropriate of paragraph 4 of The Deer form of management is (Firearms, etc.) (Scotland) available to land managers Order 1985 should be amended whilst maintaining high accordingly. standards of welfare, emergency dispatch powers would of course remain. 6 The Scottish Government The Scottish Government Trials on the use of night sights NatureScot expect to complete should instruct Scottish Natural accepts this are underway. these trials by December 2021 Heritage to carry out the recommendation. (delayed as a result of Covid- planned trials into the use of 19). The results of these trials night sights without further will then be published on the undue delay. NatureScot website and will inform the final decision on recommendation 7.

7 Subject to the successful The Scottish Government The Scottish Government We agree that NatureScot outcome of Scottish Natural accepts this recommendation considered the rationale behind should carry out the planned Heritage’s trials, paragraph 5(b) pending the outcome of the recommendation made by trials into the use of night sights of The Deer (Firearms, etc.) NatureScot’s trials. the DWG, alongside advice and these should get underway (Scotland) Order 1985 should from experienced land as soon as possible. We will be repealed to allow the use of managers and the SAWC. The use the findings from these night sights to shoot deer. SAWC also commented on the trials to inform next steps, which intention of restricting the use of could potentially include night sights in an attempt to provisions to allow the use of combat poaching alongside the night sights to shoot deer under improvements in technology authorisation. since, and found that on balance allowing the use of night sights under authorisation should be taken forward. 8 The Deer (Close Seasons) The Scottish Government The Scottish Government The Scottish Government will (Scotland) Order 2011 should accepts the Deer Working agrees that the close season for bring forward proposals to be replaced with a new Order in Group’s recommendation to female deer is of vital welfare modernise the Deer (Scotland) which the close season for remove the close season for importance and that this should Act in the next parliamentary females of each species is set male deer and to keep the apply to all land, both term, which will include public to start on a date in the period close season for female deer unenclosed and enclosed. The consultation if further required. 1st to 15th April (inclusive) and under review. Scottish Government also end on a date in the period 31st consider that a general close August to 15th September season, and a more restricted (inclusive), and in which no close season (that is a period in close seasons are set for males which female deer cannot be of each species. killed unless there is an exceptional circumstance) has significant welfare value. We will continue to keep the current dates under review and we will take further advice before considering any changes to close season in the future.

We are minded to agree with the recommendation to no longer set a close season for male deer. We appreciate this is an issue on which there are strong views. However we are advised by the SAWC that this does not create specific welfare implications for male deer. We also note that land managers who do not wish to shoot male deer during what was the close season are free to continue with that practice.

9 Firstly, that section 5(6) of the The Scottish Government We agree that increasing The Scottish Government will Deer (Scotland) Act 1996 accepts this recommendation flexibility around when wild deer bring forward proposals to should be amended to apply to in principle. can be managed to protect modernise the Deer (Scotland) any land and to cover public public interests would be Act in the next parliamentary interests of a social, economic beneficial. term. and environment nature; and, secondly, that section 5(8) should repealed 10 Section 18(2) of the Deer The Scottish Government As with recommendation 9 we The Scottish Government will (Scotland) Act 1996 should be accepts this recommendation agree that amending those who bring forward proposals to amended to refer to both in principle. can be authorised to take or kill modernise the Deer (Scotland) owners and occupiers, to be deer at night to include Act in the next parliamentary applicable to any land and to occupiers of land and the term. cover public interests of a reasons for authorisation to social, economic and cover a wider range of public environmental nature interests is in line with current deer management policy.

11 Firstly, that section 41(2) of the The Scottish Government The Scottish Government notes The Scottish Government will Deer (Scotland) Act 1996 accepts this that there are few bring forward proposals to should be amended or replaced recommendation. circumstances in Scotland modernise the Deer (Scotland) so that the taking of wild deer where live capture of deer Act in the next parliamentary requires to be authorised by occurs in comparison with term. In the meantime Scottish Natural Heritage and national cull levels but agree NatureScot will develop a Code secondly, that section 37(5) that, as noted by both the DWG of Practice for the taking or live should be amended at the and the SAWC, the impact of capture of wild deer. same time to require Scottish live capture on deer welfare can Natural Heritage to produce a be significant. code of practice for the taking or live capture of wild deer 12 The Deer (Scotland) Act 1996 The Scottish Government The Scottish Government The Scottish Government will should be amended so that the accepts this recommendation agrees that it is important there bring forward proposals to statutory rights of occupiers to in principle. is a balanced approach to modernise the Deer (Scotland) prevent damage by wild deer statutory rights to preventing Act in the next parliamentary should apply to the occupiers of damage by wild deer. term. any type of land and cover public interests of a social, economic and environmental nature 13 Firstly, that section 37(1A) The Scottish Government We agree with the principle that We will bring forward proposals should be repealed so that all accept this recommendation, all those shooting deer should to modernise deer legislation in out of season shooting to be taken forward alongside be fit and competent, whether the course of the next authorised by Scottish Natural recommendations 14 & 15. they are occupiers or Parliamentary term. Heritage requires to be carried landowners. This applies out by a person judged fit and particularly when deer are being competent for that purpose by shot at night or out of season. Scottish Natural Heritage, and There are a number of detailed secondly, that section 10(4) considerations as to how this should be amended so that an might be achieved. authorised person requires to be judged both fit and competent

14 Scottish Government should The Scottish Government The Scottish Government We agree that all shooting make a clear statement of its accept this recommendation, agrees it is important to ensure requires to be carried out by a commitment to establishing a to be taken forward alongside that everyone who shoots deer person judged fit and register of persons competent recommendations 13 & 15. in Scotland has the same basic competent and that a register to shoot deer in Scotland under level of training which would should be created and section 17A of the Deer benefit both deer welfare and maintained as the best way to (Scotland) Act 1996, and public safety. We considered achieve this. NatureScot have develop proposals for a register the SAWC findings, alongside been asked to engage further as set out in this Report the DWG report, that a register with the relevant stakeholders of persons competent to shoot to develop and submit suitable deer would ensure every proposals for Ministers to person undertaking deer consider. management has the same basic level of competence and skill to do so. 15 Section 17A of the Deer The Scottish Government This recommendation will allow Alongside recommendation 13 (Scotland) Act 1996 should be accept this recommendation, the Scottish Government to & 14 we will bring forward amended at an early stage as to be taken forward alongside enact powers to introduce a proposals to modernise deer set out in this Report, to enable recommendations 13 & 14. register of persons competent legislation in the course of the appropriate secondary to shoot deer as at next Parliamentary term. legislation to bring the recommendation 14. We recommended register into recognise the linkages across effect. to recommendations on food safety and cull return information. 16 Consideration should be given The Scottish Government Although the instances may be The Scottish Government will to having a provision in the accepts this limited, the Scottish bring forward proposals to Deer (Scotland) Act 1996 which recommendation. Government accepts that there modernise the Deer (Scotland) provides exemptions to protect may be some occurrences Act in the next parliamentary human safety where a deer where wild deer pose a serious term. poses an immediate threat, with threat to human safety which those exemptions being similar should be clearly addressed. to the exemptions in section 25 of the Act to end the suffering of a deer

17 Scottish Government should The Scottish Government The Scottish Government We will ensure that policies on ensure that the role of wild deer accepts this recognises that there is some deer management will take in increasing the risk of Lyme recommendation. evidence that reducing deer sufficient account of the risk of disease is given greater densities may reduce the risk of spread of Lyme disease We prominence in its policies for the spread of Lyme disease. will also take into account the deer management in Scotland, Alongside public health bodies findings of current research into and that greater priority is given and the multi-agency Lyme the links between wild deer and to that risk in considering the Disease and other Tick-Borne Lyme disease and the need to reduce deer densities in Infections Group which is part protection of public health. locations across Scotland. of the Scottish Health Protection Network (SHPN) we will consider further the association between deer numbers and Lyme disease prevalence. The relationship is not straight forward and further research is currently being carried out on this in Scotland. 18 Scottish Government and its The Scottish Government There are already significant The Scottish Government will agencies should, following the accepts this elements of a monitoring keep the need for any further current Scottish Deer Health recommendation. programme is place. As part of monitoring measures under Survey, develop and maintain the trained hunter certification, review. an ongoing national programme wild deer culled and sold to to monitor wild deer in Scotland game dealers are currently for existing and potential monitored for existing and diseases. potential diseases. Furthermore, monitoring of existing and potential diseases in relation to wild deer is carried out by both Food Standards Scotland as part of the Scottish Deer Health Survey, and on a UK wide basis by APHA, and this information is readily available.

19 The Licensing of Venison The Scottish Government The Scottish Government We will engage with those Dealers (Prescribed Forms etc.) accepts this recommendation considered the DWG’s rationale involved in the supply and sale (Scotland) Order 1984 should in principle. . alongside recent research of venison, including Food be replaced by a new Order published by Food Standards Standards Scotland, that requires clearer and more Scotland1, who previously NatureScot and Local robust information about the recognised gaps in Authorities when considering source of any purchases or understanding of food related options to take forward either receipts of wild venison. illnesses which can apply to this recommendation or a wild deer. We recognise that similar alternative in order to the original intention of this achieve the same objectives. legislation was to control poaching of wild deer. However, we are supportive of actions which will ensure increased transparency and a better understanding of venison origins. 20 Section 34 of the Deer The Scottish Government The Scottish Government The Scottish Government will (Scotland) Act 1996 should be accepts this recommendation believes that existing Food bring forward proposals to amended to empower those in principle. Hygiene regulations, in modernise the Deer (Scotland) with the authority under that combination with the proposed Act in the next parliamentary section, to require a licensed changes to the licensing of term venison dealer to submit a venison dealers ensures good return summarising their levels of traceability. However, throughput of wild deer including additional powers to carcasses during a period not gather further information could exceeding three years and in a further improve this and allow form to be described. for a better understanding of the venison market.

1 The risk of STEC contamination in wild venison | Food Standards Scotland

21 Scottish Government should The Scottish Government As outlined above, we accept As above at recommendation review sections 33-36 of the accepts this recommendation the rationale behind these 20. Deer (Scotland) Act 1996 that in principle. recommendations but the cover the licensing of dealing in complex nature of the venison, with a view to making legislation requires further changes in addition to the discussion with stakeholders related recommendations in this before legislative changes are Report, so that the made. arrangements are fit for purpose in contemporary circumstances. 22 Section 40 of the Deer The Scottish Government do The Scottish Government has We will continue to keep this (Scotland) Act 1996 dealing not accept this accepted recommendation 19 matter under review as we with cull returns should be recommendation. and 20 to increase the consider changes to venison amended by inserting 'and the information gathered on licensing arrangements. use of carcases' at the end of venison through licensed section 40. venison dealers and do not believe it is necessary to gather further information on the use of carcasses at this stage. 23 Scottish Government should The Scottish Government The Scottish Government is We will consider the most ensure that the requirement for accepts this recommendation committed to ensuring any food appropriate threshold for those supplying venison to in principle. supplied is safe; this includes evidencing ‘fit and competent’ Approved Game Handling those supplying venison. status and will take this Establishments (AGHE) to be Currently the Hygiene recommendation forward as able to demonstrate Trained Regulations require those part of fit & competent Hunter status under EU supplying venison to AGHEs to recommendations. regulations is enforced. be a “trained hunter”. We will engage with Local Authorities and Food Standard Scotland to give further consideration to the most appropriate benchmark. In the meantime enforcement action will continue to be considered as required.

24 Section 43 of the Deer The Scottish Government We agree that those keeping The Scottish Government will (Scotland) Act 1987 should be accepts this farmed deer should be required bring forward proposals to amended at the end of the recommendation. to mark them as such to ensure modernise the Deer (Scotland) definition of farmed deer in they are clearly identifiable. Act in the next parliamentary s.43(4) to include 'and be This is standard practice for term clearly marked to show they are most farm animals and the kept as such'. Scottish and would bring deer in line with other farm animals. . 25 Animals (Scotland) Act 1987 The Scottish Government Stray farmed deer carry a risk The Scottish Government will should be amended to establish accepts this of transmitting disease to wild bring forward proposals to clearly that an owner or recommendation. deer which could then enter the modernise deer legislation in occupier of land can shoot a food chain, or be transmitted the next parliamentary term stray farmed deer on that land through wild deer populations. to prevent damage by the deer, Shooting stray farmed deer may where that is the only be the most appropriate method reasonable practical means in of protecting public health and the circumstances to detain the ensuring deer welfare. We stray deer under the Act. considered the SAWC findings alongside this recommendation and agree that shooting stray farmed deer may be in the best interest of wild deer populations by reducing transmission of disease. 26 There should be a legal The Scottish Government Tagging deer which are kept as We will bring forward to requirement for all deer that are accepts this private property would ensure proposals to modernise deer owned as private property and recommendation. higher levels of traceability legislation in the next not farmed deer or deer in zoos, which would aid animal welfare parliamentary term. to be tagged to identify them as and mitigate the risk of kept private property. deer, which may have received medication, from entering the food chain. The Scottish Government agree that tagging deer kept as private property would support mitigation of

escaped invasive non-native species and promote good welfare.

27 The Scottish Government The Scottish Government The Scottish Government The Scottish Government will should give serious accepts this recognises that licensing would bring forward proposals to consideration to the introduction recommendation. ensure assessment of the modernise deer legislation in through the Animal Health and circumstances in which the deer the next parliamentary term. Welfare (Scotland) Act 2006, of would be kept and granting the a scheme to require an owner licence would identify the of deer to have a licence for the owner’s responsibility for the keeping of deer as private deer’s health and welfare. property that are not farmed When developing this licensing deer, deer in zoos nor muntjac system consideration will be deer. given to whether venison from these deer should be restricted from entering the human food chain 28 Either the Deer (Scotland) Act The Scottish Government The Scottish Government The Scottish Government will 1996 or the Wildlife and accepts this agrees that captive red deer or bring forward proposals to Countryside Act 1981 should be recommendation. roe deer should only be modernise deer legislation in amended so that any release of released into the wild under the next parliamentary term. In captive red deer and captive authorisation from NatureScot. the meantime, NatureScot will roe deer into the wild requires Alongside the DWG, the SAWC develop a Code of Practice on to be authorised by SNH. draw attention to the ethical and releasing captive deer. welfare concerns of taking and releasing wild deer, particularly stress of capture and translocation which is potentially more harmful than direct shooting or humane killing. The Scottish

Government agree that further regulation is required.

29 Scottish Government and its The Scottish Government There are some instances in We will engage with relevant agencies should agree and accepts this Scotland where captive deer agencies and public bodies to apply practical criteria to identify recommendation. may be being managed as if develop guidance for managing and correct situations where they were wild deer, specifically captive deer. deer enclosed by deer-proof for the purpose of ‘canned barriers are being managed as hunting’. The SAWC also if they are wild deer, when it is highlight this specifically and clear from the assessment that recommend that any they should be managed as commercial shooting of captive captive deer. deer should be licensed by NatureScot, the ScottishGovernment are committed to ensuring the highest levels of deer welfare, and will give further consideration to commercial shooting of captive deer alongside other welfare and licensing recommendations. Part Three – Damage to Public Interests

30 SNH should develop fuller The Scottish Government The Scottish Government The Scottish Government will statements of the public and accepts this recognises this could be bring forward proposals to private land use interests that recommendation. particularly valuable in bringing modernise deer legislation in can be protected under the climate change targets and the next parliamentary term. In Deer (Scotland) Act 1996, and biodiversity improvement the meantime NatureScot will that SNH should also ensure measures into closer alignment review WDBP guidance on that the Wild Deer Best Practice with deer management. damage.

(WDBP) guidance on damage is replaced.

31 Scottish Government should The Scottish Government The Scottish Government The Scottish Government will ensure that SNH has the accepts this agrees that dedicated continue to assess capacity to encourage recommendation. resources alongside a targeted NatureScot’s resources and complaints of unacceptable approach to complaints of consider if there is a levels of damage by wild deer unacceptable levels of damage requirement to increase those and to respond by taking have a positive local impact and resources to better meet public effective action where ensure adequate management interests. warranted to reduce the measures are in place to damage. prevent damage from worsening. Furthermore, a clear understanding of damage on a local level can support wider decision making. 32 The phrase "or steps taken or The Scottish Government do In the current context of deer not taken for the purposes of not accept this management there are deer management" should be recommendation. extremely limited circumstances repealed from sections 6A(2) in which NatureScot would find and 7(1) of the Deer (Scotland) it necessary to reduce deer Act 1996, and that control on a property, and a consideration might be given to new section of the Deer whether an appropriately (Scotland) Act is not essential termed and practical power for at this stage. The original SNH to reduce deer control on phrasing was not intended a property might be introduced solely for this purpose, and its through a new section in that repeal could have a further Act. consequences.

33 SNH should take a far more The Scottish Government Whilst NatureScot’s current NatureScot will take forward focused approach to identifying accepts this approach involves regular work to ensure agricultural the current extent of damage to recommendation. engagement with local damage by deer is suitably agriculture by wild deer in communities, individuals and managed. different parts of Scotland and groups responsible for deer take action to tackle the local management the Scottish issues involved. Government recognises that further focus on damage to agriculture is necessary in some parts of Scotland. 34 Scottish Government should The Scottish Government The links between wild The Scottish Government will recognise much more fully than accepts this sustainable deer management continue to consider further and at present, the need for recommendation. and the success of Scotland’s develop opportunities to bring changes to the current statutory Forests are undeniable. Scotland’s Forestry Strategy and non-statutory system for Scotland's Forestry Strategy and sustainable deer the management of wild deer in 2019-2029 sets out the Scottish management into closer Scotland if the Scottish Forestry Government’s commitment to alignment, including use of Strategy 2019-2029 is to be increase woodland cover to appropriate deer densities implemented successfully. 21% of the total area of needed for woodland creation. Scotland by 2032 and reforestation is vital to our meeting Scotland’s climate change targets. 35 Scottish Government should be The Scottish Government The Scottish Government We will work with the UK working to ensure that the UK accepts this accepts that a more thorough Department of Transport and Department of Transport form, recommendation. understanding of personal Police Scotland to update the used by Police Scotland, to injuries as a result of Deer appropriate form to record deer record Personal Injury Vehicle Collisions (DVC) and as the cause of Personal Injury Accidents (ST19), is modified the frequency and location of Accidents. for use in Scotland to include a where these occur would separate category for deer. support more effective mitigating actions.

36 Scottish Government should be The Scottish Government The Scottish Government The Scottish Government and working to ensure that a more accepts this recognises that DVC’s impact NatureScot, alongside appropriate level of attention recommendation. not only deer welfare but also Transport Scotland, will and resources is applied to public safety, work is ongoing to consider how best to utilise the addressing the continuing rise raise awareness of DVC’s in data from the ST19 forms to in road traffic accidents in Scotland and manage deer ensure appropriate resources Scotland involving wild deer. appropriately in order to are allocated to mitigate DVC’s preserve public safety and in the higher risk areas. protect deer welfare. However the Scottish Government recognises that there may be further action which could be implemented. 37 SNH should be paying much The Scottish Government The Scottish Government NatureScot will review the data more attention to the control of accepts this accepts recommendations 35 available and consider further, local deer densities alongside recommendation. and 36 in relation to DVC’s specific action if and when lengths of public roads with which will provide information required. frequent road traffic accidents on frequency and high risk involving wild deer. locations. This additional data combined with information on deer densities and deer impacts may be beneficial in identifying and monitoring high risk areas and improving actions to mitigate DVC’s. 38 Cairngorms National Park The Scottish Government This recommendation has been CNPA will discuss appropriate Authority and SNH should accepts this informally adopted by many management of sika and fallow adopt and enforce a clear policy recommendation. estates in the Park in regards to populations in the Park with NS against the establishment of Sika, which are often shot on and relevant landowners and any populations of Scotland's sight. However, fallow are consideration will be given to two non-native deer species, already accepted by many whether this and other fallow and sika deer, in the estates in the south of the Park. recommendations for CNPA in Cairngorms National Park. The Scottish Government take relation to all of Scotland’s invasive non-native species National Parks. This issue will very seriously, but where these be taken forward formally in the

populations have already been next National Park Partnership established eradication is not Plan (2022-27) always the most appropriate policy. Continued monitoring of spread and careful management to prevent damage is may be a more appropriate course of action.

39 CNPA and SNH should have a The Scottish Government The current CNPA National The CNPA will continue to work much greater focus on the need accepts this recommendation Park Partnership Plan (2017 – in an advisory capacity with the to improve the management of in principle. 2022) recognises deer DMGs in the Park, alongside wild deer in the Cairngorms management as a key issue, NatureScot, to reduce deer National Park, to reduce deer with a clear objective to reduce densities where appropriate. densities in many parts of the deer densities where they are This is likely to be an issue Park to protect and enhance the affecting habitats. CNPA has considered further in the next Park's biodiversity been working with deer National Park Partnership Plan managers in the Park to (2022-27). implement this strategy since 2017. However, it is recognised that more needs to be done to bring deer numbers in balance with the Park’s biodiversity and climate targets.

40 Scottish Government should The Scottish Government Muirburn is not thought to be The Scottish Government will remove current references to accepts this widely practised for deer engage with stakeholders deer from Muirburn Code and recommendation. management, although there involved in muirburn for wild end financial support for may be some land managers in deer to ensure a suitable muirburn for wild deer through receipt of funding through the transition period before ending its Rural Payments and AECS where muirburn is financial support. Services Agri-Environment carried out for deer Climate Scheme (AECS). management.

41 Hill Farm Act 1946 should be The Scottish Government In our response to the report by The Scottish Government will amended to make it an offence accepts this the Grouse Moor Management take forward licensing to carry out muirburn for wild recommendation. Group, published in November arrangements for muirburn in deer without a licence from 2020, the Scottish Government the next parliamentary term. SNH. committed to further regulation and oversight of muirburn practice in Scotland regardless of the purpose for doing so, which includes deer management. 42 SNH should develop its own The Scottish Government The Scottish Government Alongside recommendation 2, maps of the existing distribution accepts this recommendation understand there is a need to NatureScot will give further of fallow deer in Scotland and in principle. ensure a clear strategy to consideration to how implement a clear strategy to manage fallow deer. As at distribution maps for fallow deer prevent the further spread of recommendation 2 we can be improved. NatureScot these fallow deer populations, recognise both the importance will publish a strategy to prevent including the use of SNH's of distribution maps in the spread of both fallow and regulatory powers under the managing deer and the sika deer. Deer (Scotland) Act 1996 if significant resource implications necessary. for NatureScot to develop these. Current arrangements for sector led mapping, such as those undertaken by the British Deer Society, is in line with arrangements for other herbivores such as mountain hares. We will continue to keep this matter under review. 43 SNH should be more actively The Scottish Government The Scottish Government NatureScot will take raising awareness that accepts this recognises the to prevent fallow enforcement action as releasing or allowing fallow deer recommendation. deer populations becoming necessary. NatureScot will also to escape from captivity is an established in new areas. consider what steps are offence, SNH should be taking required to raise awareness of enforcement action in any the risks associated with fallow deer

situation where that appears to have happened.

44 SNH should be taking a clearer, The Scottish Government The Scottish Government NatureScot will consider what more robust approach to accepts this accepts that a national strategy steps are required to address minimising the spread of sika recommendation. for slowing the spread of Sika sika deer impacts. deer in Scotland, and should be deer into new areas would be of targeting where SNH intend to value. There is significant work prevent or slow colonisation by undertaken on Scotland’s sika deer. National Forests and Land to prevent damage by Sika. 45 SNH should take a more The Scottish Government The Scottish Governments NatureScot will develop options rigorous approach to identifying accepts this current, and historical, position for the identification of captive sites with captive muntjac and recommendation. has been to prevent the muntjac. NatureScot will also knowing the numbers and establishment of muntjac implement a policy of not sexes of muntjac and adequacy populations which are a high issuing further licences unless of enclosures at the existing risk species in terms of exceptional public interest can sites licensed to keep muntjac, damage. The Scottish be demonstrated. and secondly, that SNH should Government accepts the have a clear policy of not recommendations to build more issuing any further licenses for information about captive keeping muntjac in captivity muntjac in Scotland. unless exceptional public interest can be demonstrated. 46 SNH should be maintaining a The Scottish Government The Scottish Government NatureScot will take forward more active focus on the likely accepts this agrees that mitigating the recommendations for an routes by which muntjac deer recommendation. colonisation of muntjac deer awareness raising programme may colonise Scotland from the from the North of England in alongside their current INNS north of England, and that SNH Scotland is of importance. The rapid response protocol. should have an annual cost of managing wild deer programme for a raising populations if established in awareness about muntjac deer Scotland would likely be very to reduce the risks of muntjac high and preventative action is of utmost importance.

deer becoming established in Scotland

47 Scottish Government should The Scottish Government The Scottish Government We, alongside NatureScot, will ensure that a fuller accepts this agrees that the welfare of wild take further advice from the contemporary interpretation of recommendation. deer has an important role in SAWC in order to prioritise the welfare of wild deer measuring the standards of wild welfare in standards of deer becomes a more important deer management and that the management. factor in determining standards interpretation of wild deer of deer management in welfare may need modernised. Scotland than is currently the The SAWC are taking forward a case. wider piece of work on wild animal welfare which will be used to inform future decision making.

48 SNH should be developing a The Scottish Government As outlined above at We, alongside NatureScot, will fuller interpretation of the accepts this recommendation 47 and below take further advice from the welfare of wild deer that is recommendation. and recommendation 50, the SAWC in developing a modern based on a wider consideration Scottish Government agrees interpretation of wild deer of their biological performance. that the definition of wild deer welfare welfare should encompass a variety of measurement tools including carcase weights, winter mortality rates and biological performance amongst other indicators. The SAWC conclude that this interpretation should include “development of transparent and widely understood methods of welfare assessment leading to a much clearer confidence that deer

welfare has been addressed when any management decisions are made.” 49 Scottish Government should The Scottish Government The Scottish Government NatureScot will continue to make clear that the ongoing accepts this agrees that winter mortality monitor winter mortality rates levels of annual winter mortality recommendation. rates among deer should be and will be continue to engage amongst red deer on open hill monitored as part of welfare with stakeholders where winter range in the Highlands are monitoring. However winter mortality rates are of particular unacceptable and need to be mortality rates cannot be the concern with the aim of reduced. only tool that is used to monitor reducing those rates. welfare. The SAWC also recognise the value of inclusion of winter mortality levels in measuring wild deer welfare. We expect that as changes from this report are implemented and the approach to sustainable deer management improves winter mortality rates will in turn reduce. 50 SNH should consider The Scottish Government The Scottish Government NatureScot will consider developing the use of average accepts this accepts that carcase weights methods of gathering this data carcase weights of yearlings in recommendation. can be beneficial in considering alongside other welfare the autumn as an indicator of the effects of weather indicators and alongside the welfare of the local conditions on deer populations. recommendation 47. population of the deer species However, as noted by the DWG involved. it is important to consider carcase weights alongside other welfare indicators.

51 SNH should be implementing a The Scottish Government The Scottish Government The impact of deer on urban strategic approach to limiting accepts this agrees that prioritisation should and peri-urban areas will be ongoing dispersal by deer into recommendation. be given to areas likely to suffer kept under review and both peri-urban areas from the from high levels of damage to NatureScot will increase focus wider countryside and urban public interests as a result of on specific areas as and when areas from peri-urban areas, wild deer populations. We required. NatureScot will selecting target areas on a recognise that increasing deer continue their programme of prioritised basis. populations in urban and peri- education in local areas urban areas are of serious affected by urbanised deer concern and will continue to populations. adapt this approach to take further action. 52 Scottish Government should The Scottish Government The Scottish Government As outline in the response to ensure that increasing attention accepts this agrees that prioritisation should recommendation 51, the impact is focused on implementing recommendation. be given to areas likely to suffer of deer on urban and peri-urban effective deer management in from high levels of damage to areas will be kept under review. peri-urban and urban areas to public interests as a result of limit damage to public interests, wild deer populations. As and SNH adopts a more highlighted by the SAWC an focused approach towards increased focus on educating achieving this and communicating local communities on the need for deer management is also in the public interest. 53 Scottish Government should The Scottish Government The Scottish Government We will work with NatureScot keep a clearer account of the accepts this recommendation recognises that the expenditure and others across the public expenditure by the public sector in principle. by the public sector on deer sector to gather further each year on the management management is of significant information and data on deer of wild deer, and also ensure public interest. Expenditure is management measures and that it develops improved not only at a central expenditure in a cost effective information on the estimated government level, but also manner. annual costs of damage by wild includes local authorities and deer. many executive agencies and public bodies.

54 Amendments to the ratings The Scottish Government The Scottish Government The Scottish Government will legislation in the 1975 and 1994 accepts the recommendation accepts the DWG’s bring forward proposals to Local Government (Scotland) in principle. recommendation to amend the modernise deer legislation in Acts should remove references Local Government (Scotland) the next parliamentary term to 'deer forests' in the phrase Acts. However, repealing 'shootings and deer forests', section 6(8za) of the Valuation and that section 6(8za) of the and Rating (Scotland) Act 1956 Valuation and Rating (Scotland) requires further consideration to Act 1956 should be repealed. the impact of this recommendation on businesses. Part Four – Compulsory Powers

55 SNH should be planning to The Scottish Government NatureScot has already begun It is anticipated that a transition move its cull return system accepts this work to move the cull return period will be required before entirely online as soon as recommendation. system online. NatureScot the system is moved entirely practically possible. expect to have the entire online to ensure everyone system available online by completing cull returns is able 2022. to do so. NatureScot will engage with stakeholders using the current system to identify any potential issues with access and agree suitable transition arrangements. 56 SNH should provide the option The Scottish Government The Scottish Government NatureScot will take forward for land owners and occupiers accept this recommendation. agrees that additional optional this recommendation, or a completing cull returns to report reporting for land owners and similar suitable alternative whether they have experienced occupiers on deer which will build on the use of damage by deer in the year management may prove existing and will improve the being reported and the nature beneficial in providing a clearer information gathered on deer of the damage. picture of the scale of damage damage. to public interests. However, we also recognise that there may be an alternative method to amending the cull return form

which is more appropriate in practice,

57 Section 40 of the Deer The Scottish Government The Scottish Government The Scottish Government will (Scotland) Act 1996 should be accepts this agrees that gathering a full bring forward proposals to amended to enable secondary recommendation. range of information may modernise the Deer (Scotland) legislation to be used to add to improve the current Act in the next parliamentary the types of information that can understanding of wild deer term. be required on a statutory basis populations, impacts and under the section. densities and improve abilities to monitor progress. This recommendation will allow a more flexible approach to requiring additional information on cull return forms. 58 SNH should, as an essential The Scottish Government NatureScot has begun work to NatureScot will expand the step, start to increase accepts this increase the areas of Scotland areas of Scotland covered by substantially the extent of recommendation. covered by a cull return system. the cull return system as part of Scotland covered by the cull NatureScot will continue to the systems online transition return system, taking a targeted engage with communities and and alongside work to introduce and prioritised approach to the properties where response a Fit & Competent register. areas where the coverage is to rates are currently lower. be increased 59 SNH should replace its current The Scottish Government NatureScot currently publish NatureScot are in the process online deer database with a accepts this data on authorisations and will of developing a wildlife licensing new system, and establish a recommendation. develop options for a publicly and database which includes publicly accessible National Cull accessible National Cull options for a publicly accessible Database. Database. The Scottish National Cull Database Government agrees that a following the move of the cull publicly accessible database return system online. would likely benefit those with a wide range of interests in deer management.

60 Section 40A of the Deer The Scottish Government The Scottish Government The Scottish Government will (Scotland) Act 1996 should be accepts this recommendation agrees that ensuring bring forward proposals to amended to refer to 'taken or in principle. consistency in the data modernise the Deer (Scotland) killed' and to enable the gathered on culls is of Act in the next parliamentary information required to cover a importance. Amending this term. period not exceeding five years. section to refer to ‘taken or killed’ will also enable NatureScot to request forward planned culls for up to 5 years, where the current arrangements are for only 1 year which will support long term planning. 61 Deer (Scotland) Act 1996 The Scottish Government Whilst we understand the The Scottish Government will should be amended to remove accepts this recommendation DWG’s rationale behind this bring forward proposals to the reference to the Code of in principle. amendment, removing modernise the Deer (Scotland) Practice on Deer Management reference to the Code of Act in the next parliamentary in section 6A(1) of the Act. Practice on Deer Management term. in in this section may have an unintentional effect of limiting the flexible interventions available to NatureScot which requires some further investigation. 62 Section 6A(5) of the Deer The Scottish Government We agree that the current The Scottish Government will (Scotland) Act 1996 should be accepts this arrangements in which a Deer bring forward proposals to amended to change the period recommendation. Management Plan (DMP) must modernise the Deer (Scotland) within which a Deer be submitted within 12 months Act in the next parliamentary Management Plan is to be may be too long a period in term. submitted to Scottish Natural some circumstances. This Heritage, so that the period is amendment will allow not less than three months and NatureScot more flexibility in not more than 12 months as agreeing a suitable period of SNH may determine, according between 3 and 12 month based to circumstances. on individual circumstances.

63 Section 15(3)(b) of the Deer The Scottish Government The current Section 15(3)(b) The Scottish Government will (Scotland) Act 1996 should be accepts this recommendation enables NatureScot to enter bring forward proposals to amended to include sections 10 in principle. land in a number of modernise the Deer (Scotland) and 11 of the Act, rather than circumstances, the rationale Act in the next parliamentary just sections 7 and 8. behind this amendment was to term. enable NatureScot to enter land for additional purposes relating to emergency measures. When bringing forward proposals to modernise deer legislation we will ensure arrangements for NatureScot to enter land are up-to-date. 64 The period of notice required to The Scottish Government The Scottish Government The Scottish Government will enter land under section 15(2) accepts this agrees that the current period of begin work to amend the Deer of the Deer (Scotland) Act recommendation. notice is two weeks, may now (Scotland) Act 1996 in the next 1996, should be reviewed with be too long and that in parliamentary term. the intention of making the circumstances where the threat period of notice shorter. of damage is substantial, NatureScot should be able to act quickly and effectively. 65 Section 15(3) of the Deer The Scottish Government As with recommendation 63, The Scottish Government will (Scotland) Act 1996 should be accepts this recommendation the Scottish Government bring forward proposals to amended to include as a in principle. agrees that NatureScot should modernise the Deer (Scotland) purpose for entering on land, have the ability to enter land for Act in the next parliamentary carrying out an assessment of these purposes. term. the impacts of deer in any area in pursuance of SNH's functions under section 1(1) of the Act. 66 Section 10(1) of the Deer The Scottish Government The Scottish Government agree The Scottish Government will (Scotland) Act 1996 should be accepts this recommendation that any opportunities to provide bring forward proposals to amended to include damage, in principle. greater clarity and make modernise the Deer (Scotland) directly or indirectly, to the legislation more are of merit. Act in the next parliamentary natural heritage and that The recommendation would see term. natural heritage included at

section 11 of the Act should be section 10 of the Deer repealed. (Scotland) Act, bringing all emergency powers under the same section so that any circumstance is about whether there is evidence of sufficient enough damage to natural heritage to warrant use of these powers. 67 Section 10(1)(b) of the Deer The Scottish Government Government recognises that The Scottish Government will (Scotland) Act 1996 should be accepts this recommendation requiring the powers under bring forward proposals to repealed. in principle. section 10 to be used only as a modernise the Deer (Scotland) last resort would have been Act in the next parliamentary relevant at the time of its term. introduction, the current context of deer management requires greater flexibility and for NatureScot utilise the tools at their disposal as appropriate. We will take this forward alongside recommendations 68 & 69. 68 Amend Section 10 of the Deer The Scottish Government As with recommendation 67, The Scottish Government will (Scotland) Act 1996, so that the accepts this recommendation the Scottish Government bring forward proposals to owners of land where SNH in principle. agrees there would be potential modernise the Deer (Scotland) implements measures under benefits to such an Act in the next parliamentary section 10(4) have a liability for arrangement. Further term. any net cost involved in carrying consideration is required on a out the measures, subject to potential appeals process and scope for SNH to waive any net on setting an appropriate cost in appropriate framework for costs. circumstances.

69 Replace the title of section 10 of The Scottish Government The Scottish Government The Scottish Government will the Deer (Scotland) Act 1996 accepts this recommendation agrees that this amendment, bring forward proposals to with 'Control Actions' or a title in principle. which would rename section 10 modernise the Deer (Scotland) similar to that and that the from ‘Emergency Measures to Act in the next parliamentary section should be amended to prevent damage by deer’ to term. cover public interests of a ‘Control Actions’ or similar and social, economic or cover a wider range of public environmental nature. interests, would reflect the practical application of this section alongside recommendations 67 & 68. 70 The Deer (Scotland) Act 1996 The Scottish Government As with recommendation 61 we The Scottish Government will should be amended to remove accepts this recommendation understand the rationale behind bring forward proposals to references to the Code of in principle. this but removing reference to modernise the Deer (Scotland) Practice on deer management the Code of Practice on Deer Act in the next parliamentary from section 7(1) and (3) and Management in s7 (1), s7(3) term. from section 8(1). and section 8(1) of the Deer (Scotland) Act 1996 may have an unintentional effect of limiting the flexible interventions available to NatureScot. 71 The Deer (Scotland) Act 1996 The Scottish Government The Scottish Government The Scottish Government will should be amended to repeal accepts this recommendation agrees with the intention behind bring forward proposals to section 8(2) and that, as a in principle. this, intended to ensure a modernise the Deer (Scotland) consequence, s.7(2) should strong degree of consistency Act in the next parliamentary also be repealed. and clarity within the deer term. legislation. 72 The Deer (Scotland) Act 1996 The Scottish Government This recommendation is The Scottish Government will should be amended to re- accepts this recommendation intended to prevent a land bring forward proposals to instate section 8(5), which was in principle. manager from being compelled modernise the Deer (Scotland) repealed in 2011. to erect a deer fence. The Act in the next parliamentary Scottish Government considers term, further consultation with that deer fencing remains a those affected by this useful tool in managing wild recommendation will be deer and that in some

circumstances this may be the undertaken before any most appropriate course of legislative change is made. action. However we do also understand that there is a high cost associated with deer fencing, it is rarely appropriate as a long-term fix and that there are a range of views on its use. Compelling a land manager to erect deer fencing may not be in line with modern deer management practice. We are minded to accept this recommendation but we do also recognise that there may be limited circumstances where the use of this power may be necessary and will consider appropriate alternatives. 73 Paragraph 13(2) of Schedule 2 The Scottish Government The Scottish Government of the Deer (Scotland) Act 1996 does not accept this believes the current should be amended, so that the recommendation. arrangements provide a grounds for appeal are that of a satisfactory appeal process and control scheme is not within the that this amendment would be powers of the Act or that any of unfair to those undertaking deer the requirements of the Act has management. not been complied with. 74 Paragraph 13(4) of Schedule 2 The Scottish Government This recommendation mitigates of the Deer (Scotland) Act 1996 does not accept this the potential impact of should be amended, so that the recommendation. recommendation 73 by options for the Land Court are reducing the options available to confirm the scheme or direct to the Land Court, thus Scottish Ministers to revoke it or reducing the aspects of each part of it in so much as it affects case they would have to the applicant. consider. As above, the

Scottish Government do not agree an amendment to current arrangements is necessary.

75 The ECCLR Committee should This is a matter for the The Minister for Rural Affairs consider holding a short inquiry ECCLR Committee and the Natural Environment into the use of section 7 Control will write to the ECCLR Agreements under the Deer committee drawing their (Scotland) Act 1996 in the attention to this Caenlochan area. recommendation. 76 SNH should ensure it sets out The Scottish Government The Scottish Government NatureScot has updated staff any section 7 Control accepts this accepts that updating the guidance on both s7 and s8 Arrangements in terms that can recommendation. current arrangements for powers under the Deer be readily converted into a control agreements to include (Scotland) Act which will ensure section 8 Control Scheme terms which allow for greater these can be easily converted . under the Deer (Scotland) Act use of regulatory powers may 1996, and that SNH should benefit some of the complex ensure it already has the deer management evidence to enforce a section 8 arrangements across Scotland. Control Scheme if SNH is entering into any new section 7 agreements. Part Five – Non-statutory Arrangements

77 The review of Wild Deer: A The Scottish Government Wild Deer: A National Approach A full review of the WDNA will National Approach, due in accepts this (WDNA) sets out Scotland’s be commenced led by Scottish 2020, should be a major and recommendation. vision for managing wild deer. Government as soon as is thorough review of the WDNA The WDNA Steering Group practicable in 2021. approach and should result in a brings together representatives more focused and targeted of executive agencies and outcome. public bodies with an interest in deer management to develop a strategy to improve deer management. The Scottish Government agrees that the

WDNA should articulate a clear direction for deer management in Scotland.

78 Section 5B of the Deer The Scottish Government The Scottish Government The Scottish Government will (Scotland) Act should be accepts this agrees that the reviewing the bring forward proposals to amended to remove the recommendation. Code of Practice every 3 years modernise the Deer (Scotland) requirement for compliance with does not allow for a long Act in the next parliamentary the Code of Practice on Deer enough period in which term. Alongside NatureScot, we Management to be reviewed progress can be made. will consider and agree a more every 3 years. appropriate reporting period. 79 The Scottish Government The Scottish Government The existing Code of Practice Given the substantial legislative should instruct Scottish Natural accepts this on Deer Management sets out changes recommended by the Heritage to carry out a review of recommendation. the responsibilities of everyone DWG, this review will be carried the contents of the current undertaking deer management out alongside work on deer Code of Practice on Deer in Scotland. The Scottish legislation to ensure the Code is Management with the aim of Government believe the Code up-to-date. producing a clearer and more of Practice has brought great effective version of the Code. value to Scotland’s deer management since its introduction in 2012 but also agree that a review by NatureScot will provide the opportunity to communicate clear expectations to ensure it is easily accessible, in line with current deer management practice and recognises the role of deer management in meeting environmental targets. 80 SNH should make a policy The Scottish Government The Scottish Government NatureScot will continue to decision with the SG's support, accepts this recognises the important and manage the WDBP project for to continue to manage the Wild recommendation. valuable contribution of Wild the next five years, at which Deer Best Practice project for at Deer Best Practice (WDBP) to point we will review the least the next five years. Scotland’s deer management arrangements.

framework, alongside WDNA and the Code of Practice. WDBP provides invaluable guidance on the practical aspects of managing wild deer and NatureScot, supported by the Scottish Government is committed to continuing the Project for the next 5 years. 81 SNH should ensure an The Scottish Government NatureScot’s Balancing Duties NatureScot will continue to appropriate level of distinction accepts this sets out its approach to consider the best approach to between SNH's responsibilities recommendation. managing responsibilities for managing their responsibilities under the Deer (Scotland) Act Natural Heritage and Deer and provide further distinction 1996 and the Natural Heritage Management whilst recognising between their functions as and (Scotland) Act 1991 the overlapping interests. when required. respectively. 82 Section 2 of the Deer (Scotland) The Scottish Government NatureScot currently report on We will work with NatureScot to Act 1996 should be amended to accepts this recommendation the exercising of their functions consider the best format for include provisions requiring, in principle. relating to deer as part of their reporting on the delivery of its firstly, SNH to report annually to corporate reporting. The deer functions in line with other Scottish Ministers on the Scottish Government agrees corporate reporting exercising of SNH's functions that there may be some benefit requirements. under the Act and secondly, to reintroducing a requirement Scottish Ministers to present a for NatureScot to provide a copy of SNH's report to the specific report on its functions Scottish Parliament. under the Deer (Scotland) Act 1996. 83 Scottish Ministers should no The Scottish Government do In practice NatureScot will longer be responsible for not accept this advise on the key aspect of appointing the members of a recommendation. appointing members of a panel, panel under section 4 of the namely that they should have Deer (Scotland) Act 1996. the correct knowledge, competence and experience on the relevant topics. However we also see value in there being a

route of appeal for applicants who believe there are reasons why they should be included on a panel. We do not see any disadvantages to the current arrangements. 84 The sequence of assessments The Scottish Government We recognise that the NatureScot will focus on of Deer Management Groups accepts this sequence of assessments in measuring and monitoring the carried out by SNH in 2014, recommendation. 2014, 2016 and 2019 produced impacts of deer management 2016, and 2019 should come to tangible improvements in the within DMG areas and on an an end and SNH's focus should function of DMG planning and individual level across wider now be ensuring the standards management and we are Scotland to identify areas where of practical deer management grateful for their work in this the impacts are considered to implemented on the ground by area. However we agree that it amount to damage and taking land owners minimise the is appropriate to move to a appropriate action. damaging impacts which deer greater focus on minimising can cause to public interests. damage to the public interest. Part Six – Refocused Approach

85 SNH should avoid over- The Scottish Government We recognise the strengths that NatureScot will continue to emphasising the need for accepts this the existing collaborative DMG support collaborative DMG formal collaborative groups for recommendation. structure delivers and the structures in their delivery of deer management and adopt a benefits this brings to many private and public interests, but more flexible approach to communities. However It is will continue to seek out supporting other forms of liaison recognised that across Scotland andsupport other models where and collaboration where these different models for delivery are appropriate. develop, including in open hill appropriate whether in an red deer range. upland or lowland environment and that a wider focus on all four deer species across all of Scotland is necessary when considering deer management decisions

86 SNH should adopt 10 red deer The Scottish Government The Scottish Government NatureScot will adopt this upper per square kilometre as an accepts this recognises that bringing down limit as a broad target across upper limit for acceptable recommendation. deer densities will reduce deer large areas of open range in the densities of red deer over large impacts on the environment and Highlands and will continue to areas of open range in the other land uses such as work with stakeholders to bring Highlands, and review that agriculture. NatureScot’s 2019 down deer densities where deer figure from time to time in the report on Assessing Progress in damage is impacting on light of developments in public Deer Management found that delivery of climate mitigation policies, including climate the average density across measures and alongside other change measures. Scotland was below 10 red deer recommendations taken per square km. However, forward, will continue to assess NatureScot recognise that in the impact of wild deer. some smaller areas of Scotland densities may be higher or lower. The Scottish Government also recognise that adopting a blanket density limit across Scotland would not be appropriate, however a limit for red deer on open range in the Highlands is beneficial in measuring progress alongside other indicators such as deer impacts and damage. 87 SNH should very substantially The Scottish Government As at the response to NatureScot are developing reduce the extent to which SNH accepts this recommendation recommendation 86, the alternative methods to direct carries out direct counts of red in principle. Scottish Government agrees counts and will continue to trial deer on open hill range and that assessing and building a possible technological solutions refocus SNH's limited resources greater understanding of the for doing so. on building up more information impacts of wild deer on the on the impacts that deer are environment and public In the meantime, NatureScot having on the natural heritage, interests will be beneficial. will continue to work with DMGs woodlands, forestry , There is a great deal of work and other stakeholders to agriculture, and other public undertaken by NatureScot collate information, and use interests in Scotland. alongside stakeholders such as existing data to assess the

Forestry and Land Scotland and damage caused by wild deer DMGs to assess the impact of and ultimately inform decision wild deer, including valuable making. habitat assessments, which NatureScot will continue to use to ensure an adaptive approach to deer management is taken. In terms of reducing the extent to which direct counts of red deer on open hill range are carried out, the Scottish Government believes there is still value in these counts in reaching decisions on deer management, setting targets for land managers, measuring progress and monitoring deer densities. We do however acknowledge that current counting methods have a financial and environmental cost and we are considering alternative methods to lower those costs. 88 The Working Group endorses The Scottish Government The Scottish Government NatureScot will develop a Scottish Natural Heritage’s accepts this agrees that deer management sectoral specific statement on identification of the need for recommendation. has a significant role to play in how wild deer will be managed significant changes in deer climate change mitigation. The to meet climate and nature management as an important Scottish Government’s Climate commitments, with particular issue in climate change Change Plan Update outlines consideration of woodland mitigation measures, and the coordinated approach to creation and condition targets. recommends that Scottish meeting climate change targets, Natural Heritage treats this as a including the role of land high priority. management in meeting these targets.

89 SNH should allocate a The Scottish Government The Scottish Government The Scottish Government will significantly greater share of its accepts this recommendation recognises that there is continue to work with resources as the deer authority in principle. increasing concern about the NatureScot to ensure a fair under the Deer (Scotland) Act impacts of wild deer in areas balance of resources in 1996 to the management of wild other than the open hill red deer exercising its functions relating deer in Scotland outwith open range. However resourcing for to deer management across all hill red deer range. deer management needs to be of Scotland. balanced against a range of other priorities which Scottish government will continue to discuss with NatureScot. See also our response to recommendation 92. 90 SNH should be using suitable The Scottish Government NatureScot currently delivers NatureScot will consider how experienced staff based in accepts this deer management functions best to ensure that allocation of SNH’s seven Areas and acting recommendation. through its 7 areas. Current resources is effectively for SNH's responsibilities under operational decisions are based balanced. the DSA 1996 to develop a on a priority approach. systematic account of deer However, we recognise that this management and deer impacts approach does result in a in all parts of Scotland where greater allocation to support wild deer occur. upland related deer management. 91 SNH should, in fulfilling its The Scottish Government The Scottish Government, NatureScot will develop responsibilities for deer accepts this alongside NatureScot, proposals for Local Authorities, management under the DSA recommendation. recognises that developing an or a similar alternative, as an 1996, be developing Local intermediate level between intermediate level for deer Authority areas as an important national and local may management. intermediate level between beneficial in addressing deer national and local levels. management issues. However, we also recognise that Local Authorities are of varying geographical size, cover a wide range of urban, peri-urban and rural localities and will have

significantly different experience with deer management. There may be a role for Regional Land Use Partnerships as an alternative to local authorities in some areas.

92 SG should, in making annual The Scottish Government Current arrangements for budget allocation to SNH, does not accept this budget allocation allow a distinguish between the budget recommendation. flexible approach to for functions under the DSA NatureScot’s expenditure in its 1996 and the budget for role as the authority on not only functions under the Natural deer, but also Scotland’s wider Heritage (Scotland) Act 1991. natural heritage and some budgeting decisions will benefit many outcomes. Current functions allow for NatureScot to report on its spend in relation to deer, but separating its budget allocation would constrain NatureScot from deploying the totality of its resources to best effect, and have limited positive impact. 93 SNH should start obtaining The Scottish Government The Scottish Government NatureScot will conduct a pilot returns under both sections 40 accepts this recommendation accepts that there may be project, if this is not a suitable and 40A of the DSA 1996 by in principle. benefits to combining these method of collecting information combining the notices that are forms and accept this NatureScot will take forward a sent and providing space for recommendation pending a pilot similar alternative. each return on SNH's cull return project. This approach may not form. be feasible from an operational perspective, or it may not be the most practical method of collecting information from

those completing the cull return forms. 94 SNH should, as part of The Scottish Government The Scottish Government The Scottish Government will developing Local Authority does not accept this understand that deer panels consider whether further deer areas as an intermediate level recommendation. within intermediate levels, panels are required following for considering deer whether they are based on NatureScot’s implementation of management, appoint a Panel Local Authorities or not, may recommendation 91. under section 4 of the DSA bring benefits in ensuring a 1996 for each such area with a joined up approach to deer membership made up of public management. However, having sector representatives. these panels comprised only of public sector representatives may simply add a level of unnecessary bureaucracy for limited benefit.

95 Section 4 of the DSA 1996 The Scottish Government The Scottish Government The Scottish Government will should be amended to allow a accepts this agrees that it would be begin work to amend the Deer member of SNH staff to be a recommendation. beneficial for members of (Scotland) Act 1996 in the next member of a Panel established NatureScot staff to be able to sit parliamentary term. under section 4, in order to on a Panel if their knowledge, represent SNH's natural experience or expertise would heritage functions under the be beneficial. Natural Heritage (Scotland) Act 1991. 96 SNH should make more use of The Scottish Government We agree that for all properties, NatureScot will continue to its powers under sections 6A accepts this adequate cull levels to either assess the best course of and 10 of the DSA 1996 where recommendation. prevent or manage damage to action in each individual deer are causing, or are likely to acceptable levels must be circumstance and whether cause damage to public maintained. Where there are further intervention is required.. interests unacceptable levels of damage or a likelihood of unacceptable levels of damage, NatureScot must use their full range of powers.

97 SG should develop proposals The Scottish Government The Scottish Government NatureScot will assess the for a planned cull approval accepts this agrees that there may be feasibility of and develop system that would work to best recommendation. benefits to introducing a cull proposals for such a system. effect in Scotland and then approval system and will amend the DSA 1996 to provide consider this recommendation scope for such a system to be in further detail. The DWG introduced by secondary acknowledge that “there are legislation as and when many factors that would need to required. be considered in developing a planned cull approval system” therefore we will consider proposals for such a system which will include NatureScot’s role in deciding an appropriate cull level, the evidence behind cull targets and enforcement action. 98 The DSA 1996 should, after The Scottish Government will The Scottish Government The Scottish Government will amendments to implement consider this understands that a new Deer weigh up the arguments for and recommendations in this recommendation further. (Scotland) Act may be against consolidating and Report, be replaced with a new beneficial in modernising the replacing the Deer Act during Deer (Scotland) Act. legislation underpinning deer the course of the next management across Scotland. Parliament. However we also need to bear in mind that Parliamentary and legal resources are limited and under particular pressure at the present time. A decision on whether to produce a new consolidated act will need to balance these issues.

99 SG and SNH should develop The Scottish Government The Scottish Government and implement a programme of accepts this recognises the detailed changes to the current system recommendation. consideration the DWG has of deer management based on given to the statutory and non- the Group's recommendations, statutory arrangements in so that Scotland will have a relation to deer management system that ensures effective and will take forward agreed deer management that recommendations to safeguard safeguards public interests and public interests and ensure promotes the sustainable sustainability is at the heart of management of wild deer. wild deer management.

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