Changes to the provisions to shoot deer in the close season and at night as a result of the Wildlife and Natural Environment (WANE) Act 2011.
The WANE Act has made a number of significant changes to the Deer (Scotland) Act 1996. The purpose of this letter is to highlight these changes and clarify how they will be administered by Scottish Natural Heritage (SNH).
Changes to Sections 5 and 26 of the Deer Act, which cover the close seasons and owners and occupiers rights, mean that from the 1st April 2012 any deer culled out of season can only be culled under authorisation from SNH.
The exemption for owners and occupiers to cull deer out of season to prevent damage to improved agricultural ground and enclosed woodland will be removed.
The right for the occupier to cull deer to prevent damage in season in enclosed woodland and on improved agricultural land remains.
SNH can now issue authorisations which can be general or specific in their nature. Our intention is to issue a general authorisation to owners and occupiers to cull deer for the purpose of preventing damage to improved agricultural land and enclosed woodland. This general authorisation will cover the period from 1st April 2012 to 31st March 2013. The general authorisation will not allow the culling of female deer of any species from the 1st April to the 31st August.
The owner, owner’s employees, the occupier’s employees or any other person normally resident on the land can carry out control under this general authorisation in enclosed woodland and on improved agricultural land without the need to be on the SNH Fit and Competent register. Anyone who does not fall in to the classes of person above must be on the SNH Fit and Competent register.
The general authorisation will be available to download from the SNH website, with paper copies available from SNH on request. Those operating under a general authorisation must have read and understood the general authorisation and carry out any control in accordance with the conditions on the authorisation.
Returns of deer culled under the general authorisation are likely to be sought from agricultural census forms and annual cull returns.
The general authorisation provisions will be subject to regular review and it is likely SNH will review the conditions and information required to be provided to operate under the general authorisation on an annual basis.
The culling of any female deer during the period of 1st April to 31st August will require a specific authorisation for the property to be issued by SNH. Individuals suffering damage to their interests should apply to SNH for an authorisation using the application form which is available on the SNH website. SNH will assess applications, which may include conducting site visits, and ensure where an authorisation is required that appropriate mitigation of welfare issues is adopted.
As with all authorisations only individuals suffering damage to their interests on a property will have the right to operate themselves or contract others to undertake control on their behalf.
Night shooting for public safety may now be authorised by SNH. This relates to the culling of deer to reduce or prevent impacts by deer on public safety and, as with other authorisations, SNH will require information supporting the need for such an authorisation. This is not a measure to allow shooting of deer at night where it is deemed unsafe to do so during daylight hours.
All authorisations issued by SNH include a series of conditions which must be complied with. Failure to do so may lead to withdrawal of the authorisation.