Deer (Scotland) Act 1996 - section 8 control scheme: Loch Choire Estate

Control Scheme under Section 8 of the Deer (Scotland) Act 1996

Made by

Scottish Natural Heritage

a statutory body established under The Natural Heritage (Scotland) Act 1991, and having its headquarters at Great Glen House, Leachkin Road, Inverness, IV3 8NW

(“NatureScot”)

Requiring measures to be taken by:

More Work Holdings

a Company incorporated under the Companies Acts, (Registered Number 06383029), and having its Registered Office at More Works, Bishop's Castle, Shropshire SY9 5HH.

(“MWH”)

Whereas:

A. MWH is the owner and occupier of the Control Area;

B. For the purposes of section 7(1) of the 1996 Act, having had regard to the Deer Code and having been satisfied that, on the Control Area: (i) red deer, or steps taken or not taken for the purposes of red deer management, had caused, were causing, and were likely to continue to cause damage to the Affected Natural Heritage; and (ii) for the prevention of further such damage, measures required to be taken in relation to the management of red deer; and having then formed a preliminary view, having had regard to the nature and character of the Control Area, as to what measures should be taken (the “Preliminary View”), NatureScot notified MWH of the Preliminary View, by notice dated 28 March 2024 (the “Section 7 Notice”), a copy of which is at Annex 1;

C. NatureScot is satisfied that it is not possible to secure a control agreement with MWH;

D. NatureScot continues to hold the Preliminary View; and

E. NatureScot, having again had regard to the Deer Code, is satisfied that action is necessary for the purposes mentioned in section 7(1) of the 1996 Act, namely, to prevent further damage to the Affected Natural Heritage.

Now therefore, NatureScot, pursuant to its power under section 8 of the 1996 Act, hereby makes this Control Scheme for the carrying out of measures it considers necessary to prevent further damage to the Affected Natural Heritage:

1. Definitions and interpretation

1.1. Words and phrases used in this Control Scheme shall have the meanings given to them by section 45 of the 1996 Act, unless capitalised and otherwise defined herein, or unless the context otherwise requires.

1.2. The words "include", "including" (or any derivation of those words) shall not limit the generality of any preceding words

1.3. Capitalised terms not otherwise defined in this document shall have the meanings set out below:

“1996 Act”: means the Deer Scotland Act 1996;

“Affected Natural Heritage”: means the blanket bog features on the parts of the Control Area which are designated as Sites of Special Scientific Interest (SSSI) for the purposes of the Nature Conservation (Scotland) Act 2004, specifically the blanket bog features within the protected areas of Ben Klibreck SSSI, Mallart SSSI, Truderscaig SSSI and Skinsdale Peatlands SSSI;

“Annex”: means an annex to this Control Scheme;

“Commencement Date”: means the date on which the programme of killing or taking of red deer on the Control Area in accordance with the Culling Guidance commences under this Control Scheme;

“Control Area”: means the area outlined in black at Annex 2 of this Control Scheme;

“Control Period”: means the period of 5 years commencing on the Commencement Date;

“Control Scheme”: means this control scheme;

“Control Year”: means each 12-month period within the Control Period, commencing on the Commencement Date;

“Culling Guidance”: means the culling guidance described at paragraph 3 of this Control Scheme;

“Cull Records Best Practice Guidance”: means the document titled “Cull records” and published on the Wild Deer Best Practice Guidance for Scotland website at: Cull Records

“Deer Code”: means the code of practice on deer management as drawn up and published in accordance with section 5A of the 1996 Act;

“East Sutherland DMG Area”: means the area covered by the East Sutherland Deer Management Group, as specified at Annex 4;

“Monitoring and Assessment”: means the ongoing monitoring and assessment described at paragraph 4 of this Control Scheme;

“Required Spring Density”: means a Spring Density of 7.5 red deer per km²; and

“Spring Density”: means the density of red deer per square kilometre in the period from 1 April up to the start of calving in any given year.

2. Measures to be taken by MWH

2.1. MWH shall undertake a programme of killing and / or taking red deer on the Control Area, to reduce the number of red deer on the Control Area to the Required Spring Density.

2.2. In order to achieve the Required Spring Density by or before the end of the Control Period, MWH shall, for the duration of the Control Period:

2.2.1. Kill and / or take red deer on the Control Area, in accordance with the Culling Guidance;

2.2.2. Maintain up to date written records of all red deer taken or killed, which must include as a minimum the data described as ‘essential data’ in category ‘A’ in the Cull Records Best Practice Guidance (the “Cull Records”);

2.2.3. Within 7 days of the end of each 14-day period, provide NatureScot with a copy of the Culling Records for that 14-day period, by email to licensing@nature.scot;

2.2.4. Undertake an ongoing programme of direct observation of recruitment and mortality of red deer on the Control Area , and maintain up to date written records of recruitment and mortality (the “Recruitment and Mortality Records”);

2.2.5. Within 7 days of 30 April in each Control Year, provide copies of the Recruitment and Mortality Records up to and including 30 April, to NatureScot by email to: licensing@nature.scot;

2.2.6. Undertake and / or participate in such deer counts in the Control Area and / or the wider East Sutherland DMG Area as NatureScot might reasonably require, for the purposes of informing or assisting the delivery of the measures required by this Control Scheme; and

2.2.7. Retain the Culling Records and Recruitment and Mortality Records for a period of 5 years from the end of each Control Year to which they relate and, provide copies of Culling Records and Recruitment and Mortality Records to NatureScot within 14 days of any written request.

2.3. If MWH fails to meet or inadvertently exceeds the Culling Guidance for any Control Scheme Year and / or the Required Spring Density, by up to 5% (rounding down), that shall not, of itself, constitute a failure to comply with a requirement of this Control Scheme, provided that MWH has used all reasonable endeavours to meet the Culling Guidance.

3. Measures to be taken by NatureScot: Culling Guidance

3.1. NatureScot shall have an ongoing responsibility to provide guidance to MWH as to the numbers of red deer stags, hinds, and calves which MWH should aim to take or kill on the Control Area in each Control Year, to achieve the Required Spring Density.

3.2. The Culling Guidance, assuming a Commencement Date occurring between 1 July 2024 – 31 July 2024, is set out at Annex 3. If the Commencement Date falls outside of that period, NatureScot shall review the Culling Guidance and shall issue updated Culling Guidance, if it considers that to be necessary.

3.3. The Culling Guidance shall be reviewed and, if necessary, amended and reissued by NatureScot in the 21-day period prior to 1^st June in each Control Year, taking account of the population and culling information obtained by NatureScot through Monitoring and Assessment. (Monitoring and Assessment”).

3.4. NatureScot shall be entitled to review, amend, and reissue the Culling Guidance at any point during the Control Period, should it consider it necessary to do so, taking account of information obtained through Monitoring and Assessment.

4. Measures to be taken by NatureScot: Monitoring and Assessment

4.1. For the duration of the Control Period, NatureScot shall monitor and assess the progress of the measures required by this Control Scheme and the impact of those measures on the red deer population and the Affected Natural Heritage, through such means as it considers to be appropriate, which means shall include:

4.1.1 Reviewing the Culling Records and Recruitment and Mortality Records provided by MWH;

4.1.2 Undertaking annual population assessments and population modelling;

4.1.3 Periodic deer counts; and

4.1.4 Site condition monitoring and / or habitat impact assessment of a sample of the Affected Natural Heritage (but not before the target density has been attained).

5. Co-operative measures: progress review meetings

5.1. Progress review meetings shall be held at least quarterly throughout the Control Period, for the purposes of reviewing progress and the impact of the measures required by this Control Scheme, and to discuss what action or actions may be required to ensure that the Required Spring Density is met.

5.2. MWH shall attend all review meetings through its authorised representative(s), which shall include at least one statutory director of MWH.

5.3. NatureScot shall give MWH a minimum of 14-days’ notice of the date, time, and location (or platform, in the case of virtual meetings) of each review meeting.

5.4. Progress review meetings shall be chaired by NatureScot and may be attended by such other parties as NatureScot considers to be appropriate, taking account of the aims of this Control Scheme.

6. Control Scheme is not authority to take or kill red deer

6.1. For the avoidance of doubt this Control Scheme does not authorise or entitle MWH or any other person to take or kill red deer.

7. Suspension or interruption of the Control Scheme

7.1. In the event that this Control Scheme is suspended, or its progression is otherwise interrupted as a consequence of any appeal or review process, or by court order, or any similar process or event, any such period of suspension or interruption shall not be reckoned as forming part of the Control Period or of any Control Year.