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

Scottish Association for Country Sports Response

To: Lorna Slater MSP, Minister for Green Skills, Circular Economy and Biodiversity

Dear Minister

Further to your email of 17th May asking for feedback on three secondary legislation proposals in related to wild deer.

Established in 1994 as the Scottish Association for Country Sports (SACS), we have grown to become a UK-wide advocacy body for shooting and country sports. Non-commercial and strictly not-for-profit, our aim is to protect and promote our members’ interests and those of the wider shooting and country sports community. SACS focuses on grassroots representation; many of our members coming from ordinary non-landowning backgrounds and who conduct lawful wildlife management across the country.

SACS has a strong core of deer management experience which enables us to be well-placed to respond to your request. We engaged with the Deer Working Group at an early stage and have followed the process to the present proposals.

1. Permit the use of light intensifying, heat sensitive or other special sighting devices to shoot deer at night (DWG recommendation 7)

Amend s.5 of the Deer (Firearms etc) (Scotland) Order 1985 to permit the use of a sight which is light-intensifying, heat sensitive, or other special device for night shooting.

SACS broadly supports the proposal to enable such devices to be used under strict NatureScot Night Shooting licence conditions and related Best Practice Guidance 9to be developed).

Although many modern infrared-based night vision riflescopes are up to the job in terms of deer identification and safe shooting, we do have concerns about the use of thermal riflescopes where it can be difficult to be certain of bullet catching backstops and target surroundings and, at times, the target species itself. Additionally, thermal devices can be more susceptible to heat shimmer and damp air. Many SACS members use thermal riflescopes for fox and other pest control, but it is a big jump to use them for selective deer management.

A way forward is to make the NatureScot night shooting authorisation process more rigorous if a thermal device is proposed to be used. In contract, infrared-based devices can in our view be as safe to use as a spotlight.

2. Amend the minimum bullet weight so as to make non-lead ammunition more accessible (DWG recommendation 4 )

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).

SACS fully supports this proposed change. We have long experience of 80 grain bullet weights for very large deer in England and they work very well. The drop in bullet weight is mitigated by an increase in velocity which maintains adequate energy levels for deer.

It should be noted that red deer are in our long experience not particularly difficult to kill. 80 grain bullets are also adequate for large sika deer.

3. Remove close seasons for all male deer found in Scotland to lengthen the time during which wild male deer can be taken or killed across the year (DWG recommendation 8)

Current legislation permits the control of male deer year-round for agriculture and woodland protection. This proposed change must therefore be targeted towards other lands including open hill range deer management.

SACS does not support the premise that male deer should be controlled in upland areas all year round, which may impact on wild deer welfare. The current seasons are adequate with sufficient opportunity to control deer where they are having a negative impact.

We therefore recommend that the close season for male red deer is not removed and the current system of out of season authorisations is retained.