Natural Environment (Scotland) Bill - deer management: final business and regulatory impact assessment

Section 1: Background, aims and options

Impact of deer in Scotland

Following the introduction of the Deer (Scotland) Act 1959 (“the 1959 Act”), deer numbers rose from an estimated population of 155,000 to 300,000 between 1959 and 1990. Since 1990 estimates show that red deer numbers have likely doubled again. In 2013 NatureScot suggested that there were between 593,000 and 783,000 wild deer in Scotland. Eight years on, and the DWG found that figure could be well on its way towards 1 million wild deer. Deer management is the single largest terrestrial wildlife management operation carried out in the UK.

Scotland is one of the most nature depleted countries in the world^[2]. Our country’s biodiversity has been altered by centuries of habitat loss and fragmentation, management changes, development and persecution^[3].

Deer populations can range in densities to very high levels of over 40 deer per square km. Deer can influence carbon sequestration in woodlands through their consumption of vegetation. A 2020 ClimateXChange paper^[4] on deer in a changing climate, found that in order to mitigate these effects, a reduction in deer density to levels where natural regeneration can occur is required. “For Scotland’s natural landscape and woodlands to recover, deer densities need to be reduced and maintained around this <5 deer/km2 threshold.”

The Deer Working Group

The Deer Working Group (“DWG”) was established by the Scottish Government in 2017, following reports by NatureScot in 2016 and the Scottish Parliament’s Environment, Climate Change and Land Reform (ECCLR) Committee in 2017. The ECCLR Committee concluded that there had “been substantial progress shown by DMGs over the last two years in improving their overall performance and commitment to the planning process” but it also found that “50 per cent of deer management groups have failed to identify actions in deer management plans to deal with deer impacts in designated sites”.

The 2017 ECCLR report went on to say that “Habitats take a long time to recover and the Committee considers we do not have time to wait in delivering the Scottish Biodiversity Strategy. The scale of action needed to address deer impacts on the natural environment across Scotland is a significant factor” and “The Committee is not convinced the currently available suite of powers are adequate. Section 7 agreements are not fulfilling their purpose and the failure to use Section 8 powers is seen by many as being due to them possibly being open to challenge.” This formed the basis for the ECCLR Committee’s recommendation that an independent short-term working group be established to consider deer management in Scotland.

The DWG made 99 recommendations in relation to the existing statutory and non-statutory arrangements for the management of wild deer in Scotland, the majority of which were accepted by the Scottish Government.

Following the publication of the Scottish Government’s response to the DWG recommendations, the 2021-22 and 2023-24 Programmes for Government committed to implement those recommendations.

Further detail on recommendations that were accepted but do not require primary legislation, are set out below. The alternative approaches considered to take forward accepted recommendations are outlined in more detail below.

Objective

The aim of the Scottish Government’s deer management policy is to reduce the impact of wild deer on the natural environment so that they can form part of a functioning ecosystem while maximising the benefits deer bring to local communities and the rural economy. Part 4 of the Natural Environment (Scotland) Bill (“the Bill”) will support these aims by implementing many of the DWG recommendations that require primary legislation, as well as repealing the licensing of venison dealing, and by making changes to NatureScot’s powers of intervention under the Deer (Scotland) Act 1996 (“the 1996 Act”) to ensure they are fit for purpose in the context of twin climate and biodiversity challenges, as well as making some technical and procedural changes throughout the 1996 Act.

Outcomes of the policy proposals under assessment will be measured by:

• A substantial improvement in proactive and sustainable deer management across Scotland resulting in a significant increase in the annual recorded deer cull with consequential reductions in deer numbers, densities and damage impacts.
• Achievement of an additional 50,000 deer per annum culled above current levels (25% increase) to deliver a clear and sustained reduction in Scotland’s deer population from the current 1 million deer. This would be a ‘necessary minimum outcome’ in order to achieve nature restoration.
• An increase in the amount of venison entering the food chain, at both local and national levels.
• Scotland’s afforestation targets and increased scope to plant a wider variety of tree species, facilitated in part by a reduction in deer numbers, deer-damage impacts and a gradual, reduced reliance on deer fencing. Demonstrated by an increase in woodland cover, tree species range and distribution, natural regeneration and biodiversity plus increased carbon capture.
• Successful delivery of Scotland’s peatland restoration programme and targets. Demonstrated by reductions in the trampling and browsing of depleted peatlands and of recently restored peatlands, plus increased carbon capture and reductions in carbon emissions.
• Improvements to the biodiversity of Scotland’s water catchments, watercourses and enhancement and expansion of riparian woodlands. Demonstrated by improved flood prevention, water quality, water temperatures and salmonid stocks.
• A reduction in the annual incidence of deer vehicle collisions in Scotland.

Options

Option 1 – Do nothing

This option would mean that the provisions in Part 4 of the Bill would not be implemented.

Under this scenario, the existing legislative framework or deer management (the 1996 Act) would continue to operate as it currently does and deer management for nature restoration purposes would rely, primarily, on voluntary deer management arrangements.

Option 2 – Adopt the provisions of the Bill

Implementing the Bill would bring forward the following provisions:

Amendments to NatureScot’s overarching aims and purposes in relation to deer management to include reference to safeguarding the public interest as it relates to the management and control of deer.

Changes to NatureScot’s ability to be represented on advisory panels to allow a member of NatureScot or a member of NatureScot’s staff to be appointed as a member of a panel under section 4 of the 1996 Act.

Amendments to the current reporting requirement timeframe in relation to the Code of Practice on deer management, to allow flexibility for NatureScot to carry out the review at the most appropriate point.

Reductions to the timeframe available for producing a deer management plan (“DMP”) when required to by NatureScot.

Making various changes to DMPs, control agreements and control schemes, including changes relating to grounds for intervention, providing a new ground for which NatureScot can intervene in deer management for nature restoration purposes, as well as various changes relating to procedure.

Amending procedure for making, varying or revoking section 8 control schemes.

Amendments relating to the recovery of NatureScot costs and expenses incurred in connection with the registration of control schemes, the registration of variations or revocations of control schemes, and in relation to any costs incurred in the performance of its duty under section 10(4) of the 1996 Act.

Creating a new exemption to the offence of killing a deer in respect of an act done for the purpose of preventing or stopping a deer from causing harm to a person if certain conditions are met.

Adjusting NatureScot’s investigatory powers, including amending powers of entry on to land and introducing a new power to require the provision of information and documents

Amending the way in which authorisations from NatureScot to carry out specified activities can be granted by providing that a person who is registered in a register established by regulations under section 17A of the 1996 Act may be considered a fit and competent person for the purposes of section 37 (restrictions on granting certain authorisations) of the Act.

Restricting the use of shotguns by creating a new offence of shooting a deer with a shotgun, along with a corresponding ability for NatureScot to authorise the activity in appropriate circumstances.

Amending the grounds for which authorisations can be granted for specified activities including close season shooting and taking or killing deer at night.

Creating the offence of failing to report taking or killing of stray farmed deer and also a defence to civil proceedings in relation to killing or injuring stray farmed deer.

Repealing provisions related to the licensing of venison dealing.

Technical and consequential amendments in relation to the above.