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

Annex 1: Section 7 Notice

More Works Holdings

[REDACTED]

[REDACTED]

[REDACTED]

[REDACTED]

Also by email

Our Ref: Loch Choire Estate Deer Management

Date: 28.03.2024

Dear [REDACTED],

Provisions of the Deer Scotland Act 1996

Further to our previous communications to you regarding deer management on Loch Choire we understand that you have instructed and implemented an increased cull this season and that this has resulted in 138 stags and 150 hinds and calves killed up to 14/02/2024. NatureScot has previously attempted to secure a multi-year agreement with you so that deer management action would be implemented on Loch Choire to prevent damage.

The Loch Choire 2023/2024 cull could be interpreted as a positive intention. Whilst welcome, the 2023/2024 cull does not however secure an agreement NatureScot deems necessary to deliver the required deer measures for preventing damage by deer. NatureScot has previously sought an agreement to deliver sustainable culls over an agreed period of time which you have consistently not responded to.

In recognition that culls in the 2023/2024 season have been increased to manage deer impacts and prevent damage, NatureScot therefore believe it reasonable to once again seek to secure a voluntary control agreement.

We enclose notice of our preliminary view formed in terms of section 7(1) of the Deer (Scotland) Act 1996 in relation to the area of land defined in the notice as the “Control Area” which is owned by More Works Holdings.

It is our intention to further consult with More Works Holdings under reference to the enclosed preliminary view in order to secure agreement:

(i) that measures require to be taken;

(ii) as to what measures require to be taken, and within what time limit;

(iii) as to who is to carry out such measures; and

(iv) as to any other matters which appear to us to be necessary for the purposes of such an agreement.

As such NatureScot remains satisfied that, having taken account of the Code of Practice of Deer Management, deer are likely to cause damage to the protected areas of Ben Klibreck, Mallart and Truderscaig Special Sites of Scientific Interest. All three protected areas are in unfavourable declining condition and exhibiting damage by deer. NatureScot remains of the view that the measures described in the notice of the preliminary view are required to be taken. For the avoidance of any doubt the contents of the preliminary view shall form the basis of any relevant consultation.

We are available to have a consultation with More Works Holdings by telephone conference, video conference or in-person on the dates and at the times set out below.

Please confirm More Works Holdings preferred option (1 or 2) as to date and time and mode of consultation and the names, positions, and email addresses of those who will attend the consultation on behalf of More Works Holdings.

In addition, or as an alternative, to such mode of consultation, More Works Holdings can provide us with its position on these matters in writing, by email to james.hammond@nature.scot no later than 09:00 on the 6^th May 2024. NatureScot will take account of any such representations in considering what, if any, further steps require to be taken.

Additional Matters

Please be aware that, in the event that:

(a) NatureScot comes to be satisfied that it is not possible to secure a control agreement with More Works Holdings; or

(b) 6 months elapses from the giving of this notice and no agreement has been reached as to the matters mentioned at (i) – (iv) above;

and NatureScot continues to hold the view set out in the enclosed notice, NatureScot shall, subject to the conditions of section 8(1) of the Deer Scotland Act 1996 being satisfied, make a scheme (a “control scheme”) for the carrying out of such measures as it considers necessary for the purposes of section 7(1) of the Deer Scotland Act 1996.

If NatureScot does not receive a response to this letter by the 6^th May 2024, NatureScot will move to secure a Control Scheme.

Yours faithfully,

Robbie Kernahan

Director of Green Economy

NatureScot

robbie.kernahan@nature.scot