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

Notice of preliminary view formed in terms of section 7(1) of the Deer (Scotland) Act 1996

to: More Works Holdings, More Works, Bishops Castle, Shropshire

SY9 5HH

date: 28/03/2024

take notice that: for the purposes of section 7(1) of the 1996 Act, NatureScot, having had regard to the Deer Code, is satisfied that, on the Control Area:

(i) red deer have caused, are causing, and are likely to continue to cause damage to the Affected Natural Heritage; and

(ii) for the prevention of further such damage, measures require to be taken in relation to the management of red deer;

NatureScot has formed the preliminary view set out below, having had regard to the nature and character of the Control Area, as to what measures should be taken.

1. Definitions and interpretation

1.1 Words and phrases used in this Notice 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 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 Notice;

“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;

“Control Area”: means the area outlined in black on the map at Annex 1;

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

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

“Culling Guidance”: means the culling guidance described at of paragraph 3 of this notice

“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 5;

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

“MWH”: means More Works 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.

“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 kilometer in the period from 1 April up to the start of calving in any given year.

2. Measures which should be taken by MWH

2.1 MWH should 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 should, 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 should 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; 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 a control agreement were to be entered into and MWH, using its best endeavours, failed to meet or exceeded the Culling Guidance for any Control Year and / or the Required Spring Density, by up to 5% (rounding down), NatureScot would not consider that to be a failure to implement the measures required.

3. Measures to be taken by NatureScot: Culling Guidance

3.1 NatureScot should 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 between 1^st – 30^th April 2024 is set out at Annex 2. If the Commencement Date falls outside of that period, NatureScot should review the Culling Guidance and should issue updated Culling Guidance, if it considers that to be necessary.

3.3 The Culling Guidance should be reviewed 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.

3.4 NatureScot should review 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 should monitor and assess the progress of the measures required 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:

(i) Reviewing the Culling Records and Recruitment and Mortality Records provided by MWH;

(ii) Undertaking annual population assessments and population modelling;

(iii) Periodic deer counts; and

(iv) 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 should be held at least quarterly throughout the Control Period, for the purposes of reviewing progress and the impact of the measures required, and to discuss what action or actions may be required to ensure that the Required Spring Density is met.

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

5.3 NatureScot should 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 should be chaired by NatureScot and may be attended by such other parties as NatureScot considers to be appropriate, taking account of the aims of its preliminary view.

6. Additional information

6.1 In February 2023 Prior to reaching the preliminary view set out in this notice, NatureScot established the condition of and impacts of red deer upon the Affected Natural Heritage by an assessment using NatureScot’s standard site condition monitoring (SCM) methodology across Ben Klibreck SSSI, Mallart SSSI and Truderscaig SSSI. All three protected areas were in unfavourable declining condition and exhibiting damage by deer. Further summary detail of the sample SCM findings is included at Annex 3.

6.2 Deer census, undertaken by NatureScot was carried out in November 2022 across the Control Area which indicated a density of 14 deer / km2. The results are shown in Annex 4. In March 2017 NatureScot undertook a deer census of the East Sutherland DMG Area and the results are also shown in Annex 4.

7. Notice is not authority to take or kill red deer

7.1 For the avoidance of doubt, this notice of NatureScot’s preliminary view does not authorise or entitle MWH or any other person to take or kill red deer.