Managing deer for climate and nature: consultation

Theme 4: Changes to close seasons

Overview

The proposal in this theme seeks to address issues with barriers to when deer can be culled by taking forward the following recommendations from the DWG:

Recommendation 8: The Deer (Close Seasons) (Scotland) Order 2011 should be replaced with a new Order in which the close season for females of each species is set to start on a date in the period 1st to 15th April (inclusive) and end on a date in the period 31st August to 15th September (inclusive), and in which no close seasons are set for males of each species.

Scottish Government Response: The Scottish Government accepts the Deer Working Group’s recommendation to remove the close season for male deer and to keep the close season for female deer under review.

Rationale: The Scottish Government agrees that the close season for female deer is of vital welfare importance and that this should apply to all land, both unenclosed and enclosed. The Scottish Government also consider that a general close season, and a more restricted close season (that is a period in which female deer cannot be killed unless there is an exceptional circumstance) has significant welfare value. We will continue to keep the current dates under review and we will take further advice before considering any changes to close season in the future. We are minded to agree with the recommendation to no longer set a close season for male deer. We appreciate this is an issue on which there are strong views. However we are advised by the SAWC that this does not create specific welfare implications for male deer. We also note that land managers who do not wish to shoot male deer during what was the close season are free to continue with that practice.

Background

Changes to the Female Close Season

In Scotland deer can be taken or killed in the ‘open season’, providing the person doing so has the permission of the landowner on whose land the deer can be found and they act in accordance with the conditions set out in the 1996 Act and any other applicable legislation. The dates of the open season vary depending on the sex and species of deer.

At all other times of year (the ‘close season’) deer can only be taken or killed under authorisation from 'NatureScot.

The DWG recommended that-

“The Deer (Close Seasons) (Scotland) Order 2011 should be replaced with a new Order in which the close season for females of each species is set to start on a date in the period 1st to 15th April (inclusive) and end on a date in the period 31st August to 15th September (inclusive), and in which no close seasons are set for males of each species.”

Changes to the dates for the male close season have already been taken forward via the Deer (Close Seasons) (Scotland) Amendment Order 2023 which was laid on 21 June 2023 and came into force on 21 October 2023. During the consultation on that proposal the Minister for Green Skills, Circular Economy and Biodiversity set out her commitment to seek further views and revisit the recommendation to amend the close season for female deer.

We are therefore only seeking your views about potential changes to the close season for female deer in this section.

Following the publication of the DWG Report, the Scottish Government asked the SAWC to consider and provide advice on any welfare impacts of the DWG recommendations, including the recommended changes to close seasons.

The SAWC report commented –

“The setting of the more restricted closed season seems to be taking into account about 80% of births (mid-May to Mid-June for red deer).

And that -

“The criteria for close seasons should apply to all deer regardless of where they are situated, enclosed agricultural or forestry land should not be an exception.”

There is broad consensus that in order to manage deer populations it is necessary to primarily cull female deer, as this will have the greatest effect on population control. In response to our consultation on removing the close season for male deer stakeholders told us:

• “It is clear that shooting female deer is the solution to population control and culling male deer has less impact” – Scottish Land and Estates
• “Wild Deer Best Practice states that “a reduction cull must focus on the females” and we suggest that instead of removing the male deer close season an incentive is given to control more female deer, where appropriate.” – British Association for Shooting Conservation
• “Biologically the culling of females is the only area where population management can be achieved.” – British Deer Society
• “It is widely accepted that female deer numbers need to be reduced in order to reduce overall deer numbers in Scotland.” – Scottish Countryside Alliance

The purpose of a close season for female deer is to safeguard the welfare of dependent young, generally this dependency is defined as from birth dates to date of weaning, and this period varies across species and can be effected by environmental factors.

Our focus in considering changes to female close seasons is centred around the balance between protecting against damage and protecting deer calves. At present, around 15% of deer culled annually in Scotland are culled out of season. NatureScot’s experience of issuing out of season authorisations to prevent damage in the years following the Wildlife and Natural Environment (Scotland) Act 2011 has highlighted the first two weeks in April as a key deer management period. There is also some evidence that environmental changes as a result of climate change may be resulting in later calving, and our proposals to move the close season dates to cover 31 March to 30 September supports this.

Scottish Government Proposals

Changes to the Female Close Season

We are proposing the following changes to the close season for female deer in Scotland.

By amending the close season for female deer, deer managers can maximise the time which they cull female deer outwith those dates, which would aid preventative deer management as opposed to the current system which requires consideration to be given as to the purpose of culling hinds from February to October.

However, it will still be open to land managers to determine when they will need to cull deer on their land. The proposed close season dates provide a wider period of protection than the Deer Working Group suggested, that report discussed a close season starting on a date between 1 – 15 April and ending on a date between 31 August – 15 September. Having given consideration to the evidence available to us, we are proposing that the close season runs between 31 March – 30 September, which means that land managers would not be able to routinely cull female deer in early April, when the deer might be pregnant, or early September, when there is a risk of orphaning dependent young.

Anyone wishing to take or kill female deer during the close season will be required to evidence that they meet the fit and competent standard and we are not proposing any changes to the purposes for which management of female deer can be undertaken during the close season.

Consultation Questions

Question: Do you agree that the close season for female deer of all species should be the same?

Answer options:

• Yes
• No
• Don’t know

Question: Do you agree that the close season for female deer of all species should be changed to cover the period of highest welfare risk, from 31 March to 30 September?

Answer options:

• Yes
• No
• Don’t know

Question: If you do not agree with our proposals to change the season for female deer, what, if any, further actions would you recommend to support increased management of female deer?

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