Managing deer for climate and nature: consultation

Theme 3: Deer welfare

Overview

The proposals in this theme seeks to address issues with the welfare of wild deer when undertaking deer management by taking forward the following recommendations from the DWG:

Recommendation 5: The use of a shotgun to kill wild deer should be made subject to authorisation by NatureScot through a new provision in the Deer (Scotland) Act 1996, that the owner or occupier of any land should be able to apply for such authorisation and that the terms of paragraph 4 of The Deer (Firearms, etc.) (Scotland) Order 1985 should be amended accordingly.

Scottish Government Response: The Scottish Government accepts this recommendation.

Rationale: The Scottish Government agrees that there are limited circumstances in which a shotgun is a necessary, or appropriate, method of managing deer. By making the use of shotguns subject to authorisation NatureScot can ensure the most appropriate form of management is available to land managers whilst maintaining high standards of welfare, emergency dispatch powers would of course remain.

Recommendation 11: Firstly, that section 41(2) of the Deer (Scotland) Act 1996 should be amended or replaced so that the taking of wild deer requires to be authorised by NatureScot and secondly, that section 37(5) should be amended at the same time to require NatureScot to produce a code of practice for the taking or live capture of wild deer.

Scottish Government Response: The Scottish Government accepts this recommendation.

Rationale: The Scottish Government notes that there are few circumstances in Scotland where live capture of deer occurs in comparison with national cull levels but agree that, as noted by both the DWG and the SAWC, the impact of live capture on deer welfare can be significant.

Recommendation 13: Firstly, that section 37(1A) should be repealed so that all out of season shooting authorised by NatureScot requires to be carried out by a person judged fit and competent for that purpose by NatureScot, and secondly, that section 10(4) should be amended so that an authorised person requires to be judged both fit and competent.

Scottish Government Response: The Scottish Government accepts this recommendation.

Rationale: We agree with the principle that all those shooting deer should be fit and competent, whether they are occupiers or landowners. This applies particularly when deer are being shot at night or out of season. There are a number of detailed considerations as to how this might be achieved.

Recommendation 15: Section 17A of the Deer (Scotland) Act 1996 should be amended at an early stage as set out in this Report, to enable appropriate secondary legislation to bring the recommended register into effect.

Scottish Government Response: The Scottish Government accepts this recommendation.

Rationale: This recommendation will allow the Scottish Government to enact powers to introduce a register of persons competent to shoot deer as at recommendation 14. We recognise the linkages across to recommendations on food safety and cull return information.

Background

Recommendation 5 – Use of shotguns

Use of shotguns to kill deer in Scotland is not widespread, NatureScot estimate that only a small number of deer killed are killed using a shotgun.

The DWG concluded that –

“There is no information available on the extent to which the occupiers of agricultural land or enclosed woodland are using shotguns against deer. However, the Group’s inquiries suggested that there are relatively few situations where shotguns might still be used. These situations appear to be mainly to protect specialist crops (such as berry crops and Christmas trees) from damage by roe deer in circumstances where there are few if any safe opportunities to use a rifle.”

The Scottish Animal Welfare Commission (SAWC) in their response to the Deer Working Group were clear that –

“The general expectation that shotguns should not be used to kill deer is important.”

Recommendation 11 – Capture of live deer

We also recognise that there are likely few incidences where the taking of live deer occurs, however the DWG was clear that “the live capture of wild deer is widely recognised as a high risk event for the welfare of the deer involved, yet there is a lack of official guidance from NatureScot on the topic”.

In their response, SAWC commented that -

“All forms of capture for live deer should be subject to a specific authorisation. Historically, wild deer were taken to establish parks or farms. Capture, transport and initial management can cause serious concerns for animal welfare.”

Recommendations 13 & 15 – Fit and Competent

At present activities such as night shooting and the driving of deer must be carried out by people assessed as being ‘fit and competent’ to ensure that they have sufficient knowledge and experience for the additional safety and deer welfare concerns that can arise during these activities.

In order to be considered ‘fit and competent’ a person must be able to evidence their fitness by holding a valid firearms certificate and their competence predominately through completion of a Deer Stalking Certificate (DSC) 2 or Deer Stalking Certificate 1 plus one reference. A person can also currently apply for recognition as ‘fit and competent’ on the basis of ‘following Best Practice Guidance’. Individuals must renew their inclusion on the existing register after 5 years. NatureScot provide further guidance on the process on their website.

This requirement only applies to some authorised deer management activities. Those activities are:

• Shooting female deer during the period of highest welfare concern (at present that is between 1 Apr – 31 Aug)
• Shooting deer at night
• Driving deer

These are activities which require individuals to apply to NatureScot for a specific authorisation, that application process requires them to set out detail of the activity and justify their application. NatureScot then assess whether the action is appropriate and whether the applicant meets the fit and competent requirement.

The DWG recommended that –

“the Scottish Government should be making clear that it is still government policy to work towards all those who shoot deer in Scotland being required to be qualified at DSC1 level.”

In their response to the DWG, SAWC went on to say that –

“Registered persons should be required to follow the best practice guidelines and failure to do so should result in removal of the authorised status.”

Scottish Government Proposals

Recommendation 5

We are proposing a legislative amendment which will restrict the use of shotguns to shoot deer.

Some deer management related activities are currently only permitted under authorisation by NatureScot and we recognise that those using a shotgun to kill deer will most likely be doing so sporadically, where they have a small population of deer causing damage to woodland or agriculture that they are looking to address.

We are proposing that shooting deer using a shotgun should require the same evidence of fit and competent status as other activities currently permitted under authorisation.

Recommendation 11

We are proposing that the taking of live deer should be subject to authorisation by NatureScot.

While we acknowledge that live capture of deer may not be a prevalent issue, we agree that where live capture is occurring we must maintain the highest standards of animal welfare. Given the significant welfare concerns associated, we envisage that to begin with live capture will be subject to specific authorisation. This will support NatureScot in gathering information on who is undertaking live capture of deer, for what purposes and at what times of the year. An authorisation process will also provide necessary transparency and accountability, ensuring deer welfare and disease implications (of translocation), are taken fully into account.

We are proposing at this stage that the criteria will include the live capture for the purpose of research but that NatureScot will be able to authorise live capture of deer in other circumstances which they deem appropriate. Applications will be assessed on a case-by-case basis and the process kept under review by NatureScot.

SAWC recommended that a code of practice-

“could encompass all aspects of the practice, including the skills needed by practitioners. Given the current low level of activity in this area, it may not be a good use of effort in the short term for NatureScot to develop a specific code of practice until a need arises. It would be efficient to then use the proposed authorisation to work in partnership with the applicant to develop a code”.

We accept that a code of practice on live capture of wild deer would support animal welfare, but agree with SAWC that we do not think there is an urgent need for that code. We are proposing that a code of practice on live capture of deer is developed by NatureScot in collaboration with stakeholders if and when the need arises for that code. Once brought into effect, those undertaking live capture of deer would need to have regard to the code in a similar way as, for example, those carrying out night shooting of deer must comply with the relevant sections of the night shooting code of practice.

Recommendations 13 & 15 – Register of Competence

We are proposing that everyone undertaking deer management in Scotland should be registered as competent. We are proposing to introduce amendments which will make it a requirement that everyone shooting deer unaccompanied in Scotland has the same basic level of training, akin to that of the Deer Stalking Certificate Level One.

We are proposing a new register which has a greater role in supporting deer welfare and regulation of deer management activities. This would effectively replace NatureScot’s existing fit and competent system, and under this new register individuals would also be able to provide details of their competency for a range of deer management activities which are currently permitted under authorisation.

We are proposing that registration must be renewed at least once every ten years and we are considering whether renewing registration will require renewed evidence, we envisage that if so then the following options for renewing registration could be:

• Where registered persons have a valid Deer Stalking Certificate Level 2 (these require renewing every 5 years to remain valid); or
• Where registered persons have refreshed their Deer Stalking Certificate Level One within the last twelve months; or
• Where registered persons have a Deer Stalking Certificate Level One and have been undertaking regular deer management activity and can evidence this, NatureScot will assess their suitability for renewing registration.

Additional measures – Fit and Competent

We have also been giving consideration to how this new register could support activities which are currently permitted under authorisation and meet the requirement for applicants to be considered fit and competent. We are considering the option of NatureScot setting a base level of competence, for example Deer Stalking Certificate 2, and then permitting activities currently requiring specific authorisations to be granted to persons who have attained the relevant additional competencies under a general authorisation. As part of that general authorisation, individuals would be required to comply with best practice as well as any statutory codes of practice. For example this would cover current authorisations where competence assessments are made such as:

• Night shooting (section 18 of the 1996 Act)
• Driving deer (section 19 of the 1996 Act)
• Out of season shooting of female deer

And potential new authorisations such as:

• Use of shotguns (section 21 of the 1996 Act)

Example: In practice this could mean that a land manager who wishes to shoot deer at night, who has the required level of competence and is registered as fit and competent to do so, would not need to apply for authorisation from NatureScot. Instead they would provide NatureScot with evidence that they met the fit and competent standard for the activity, and would then be able to undertake night shooting. They would still have to comply with the night shooting code of practice and be subject to restrictions as to the purpose of the night shooting.

This would be a shift from the existing process where NatureScot has oversight for decisions on when and how specific deer management tools can be used to giving land managers who have demonstrated the required skills and knowledge additional decision making power.

NatureScot would be able to revoke fit and competent status for any deer management activity if there was evidence of illegal activity or if where there are concerns over non-compliance with best practice.

We are seeking your views on the role of the fit and competent register and the potential to move away from specific authorisations for the deer management activity outlined above.

Consultation Questions

Question: Do you agree with our proposals that everyone shooting deer in Scotland should meet fit and competent standards as evidenced by having achieved at least Deer Stalking Certificate Level 1?

Answer options:

• Yes
• No
• Don’t know

Question: Do you agree with our proposals to establish specified competence levels for those deer management activities which currently are only permissible under authorisation by NatureScot, such as night shooting, driving deer and out of season shooting? This would mean anyone undertaking these activities must have evidenced their competence levels and registered with NatureScot but would not need to apply for a specific authorisation to undertake these activities.

Answer options:

• Yes
• No
• Don’t know

Question: Do you agree with our proposals that the requirement for an individual authorisation from NatureScot to carry out activities such as night shooting, driving deer and out of season shooting could be replaced by registration on the Fit & Competent Register where deer managers must have evidenced their competency to undertake specified activities?

Answer options:

• The Fit & Competent Register should replace individual authorisations for these activities
• There should be a Fit & Competent Register as well as individual authorisations for these activities
• There should only be individual authorisations for these activities
• Don’t know

Question: Do you agree with our proposals that use of a shotgun to kill deer should be subject to stricter regulation?

Answer options:

• Use of a shotgun to shoot deer should require registration on the Fit & Competent Register
• Use of a shotgun to shoot deer should require registration on the Fit & Competent Register and an individual authorisation from NatureScot
• Use of a shotgun to shoot deer should require an individual authorisation from NatureScot
• Use of a shotgun to shoot deer should not be restricted at all
• Don’t know

Question: Do you agree with our proposals that any capture of live deer should be individually authorised by NatureScot?

Answer options:

• Yes
• No
• Don’t know

Question: Do you agree that NatureScot should develop a statutory Code of Practice, which could provide guidance and minimum standards on topics such as animal welfare and disease prevention, on the live capture of deer in Scotland in collaboration with stakeholders for use in future?

Answer options:

• Yes
• No
• Don’t know

Free text box: Please provide any further comments on the proposals set out in this section here.