Deer (Scotland) Act 1996 - proposed amendments: consultation analysis

Scottish SPCA

Dear Cabinet Secretary,

Thank you for your recent communication regarding the proposed changes to the Deer (Scotland) Act 1996. Please find below a response from the Scottish SPCA.

Question 1

• permit the use of light intensifying, heat sensitive or other special sighting devices
  to shoot deer at night (recommendation 7) – detailed below Amend s.5 of the Deer
  (Firearms etc) (Scotland) Order 1985 to permit the use of a sight which is lightintensifying,
  heat sensitive, or other special device for night shooting.

The Scottish SPCA only supports management where other non-lethal options have been exhausted and there is a risk to public health or animal welfare. The killing of wild deer must be carried out humanely and respect the instincts and behaviour of the animals. The Society acknowledges that deer numbers in Scotland are at an unprecedented level and therefore management must take place to stop welfare risks to themselves or the welfare of other deer, overgrazing of pastures and impacting farm animal feed, or pose a risk to public safety.

Management should be carried out via the most humane methods possible. The Society would support exploration into sterilisation or immunocontraception as a method of controlling the deer population in Scotland.

However, the use of a firearm by fully trained individuals with the correct licenses, if executed correctly with a shot to the head, should be immediate and therefore avoid unnecessary suffering being caused.

A NatureScot report identified some issues that can occur using thermal imaging to cull deer and these should be taken into consideration and addressed. As long as stalkers or shooters are fully trained and able to effectively operate equipment and identify the sex of deer using the night lights, then the Scottish SPCA is not opposed to the proposal to allow sighting devices to be used at night for the purposes of deer control.

Question 2

• amend the minimum bullet weight so as to make non-lead ammunition more
  accessible (recommendation 4) – detailed below Amend s.3(a) of the Deer (Firearms
  etc) (Scotland) Order 1985 to permit the use for shooting deer of any species, a
  bullet of an expanding type designed to deform in a predictable manner of not less
  than 80 grains (5.2 grams) with a muzzle velocity of not less than 2,450 feet per
  second (746.76 metres per second) and a muzzle energy of not less than 1,750 foot
  pounds (2,373 joules). We are not proposing to make any changes to s.3(b) which
  relate specifically to roe deer.

We are not best placed to comment on ballistics due to the complex nature of the subject. The Society does support non-lead bullets being more available to stop the detrimental impact lead bullets can have on the environment and wildlife.

Question 3

• remove close seasons for male deer to lengthen the time during which wild male
  deer can be taken or killed across the year (recommendation 8) – detailed below

As stated above, the Society would support further research into sterilisation or immunocontrception to manage the deer population and whether this is a more humane method of wildlife management. However, the Scottish SPCA recognises the need for deer management in Scotland and is not against the lifting of the closed season for male red, sika, fallow and roe deer as long as control is carried out humanely by individuals trained in the use of firearms.

Please don’t hesitate to contact me with any further questions. Kind regards,