Capercaillie Life Project - Urgent Scottish Management for Scottish Capercaillie

Deer and Fencing

FORESTRY COMMISSION

GUIDANCE NOTE FOR STAFF IN SCOTTISH CONSERVANCIES
GUIDANCE NOTE 11 (REVISED MARCH 2001)

DEER AND FENCING

Purpose and target audience

The purpose of this Guidance Note is primarily to help Forestry Commission staff consider forestry proposals where deer and fencing are major issues. Other government departments, land owners, agents and managers, environmental NGOs and deer management groups may find it helpful. Copies should be made available upon request to applicants and consultees.

Structure

The original Guidance Note on this subject was issued in 1997. Following calls to update it, a number of revised drafts were circulated for external consultation during 2000. It became clear, however, that it would not be possible to produce a Guidance Note that enjoyed widespread consensual support; this was largely because of differences in view about the weight to be given to the threat to woodland grouse, ie capercaillie and black grouse.

Current policy, including a framework for assessing risk to capercaillie and other woodland grouse, is set out in the main part of this Guidance Note. It should be noted that this may need further revision as circumstances change and more information becomes available.

A technical annex summarises much of the background information contained in the original version of this Guidance Note. It also includes references and sources of further information.

There are also a number of more detailed appendices, covering assessment of seedling density and effective deer density; our agreement with the Deer Commission; and the preparation of Deer Management Plans.

Context

The policy context includes:-
- the Scottish Forestry Strategy, which states that the impact of deer, which thrive in woodland conditions, can be a serious threat in some places. It explains that deer fencing is an option where necessary culls cannot be achieved, but is expensive and can have undesirable side-effects, such as killing capercaillie and other woodland grouse that fly into the fences. The Strategy highlights the need to increase awareness of problems caused by high deer numbers; to develop and implement effective Deer Management Plans; to develop guidance on deer fencing to minimise risk to woodland grouse; and to develop improved low impact fencing.

- the Deer Commission’s long term vision “Wild Deer in Scotland”, which looks forward 15-20 years to a situation where deer populations are managed locally so that their management is fully integrated with all local land uses and land use objectives.

- concerns over declining black grouse and capercaillie populations, and especially the latter, whose numbers have decreased by more than half over during the 1990s, leaving only about 1,000 birds in Scotland. The capercaillie is listed on Annex I of the EU Birds Directive which requires special conservation measures to be taken throughout its range, both inside and outside protected areas. Both capercaillie and black grouse are the subject of Species Action Plans under the UK Biodiversity Action Plan. These set conservation objectives and targets, and identify actions for lead Government bodies. (More detail on their statutory protection is given in the technical annex to this Guidance Note.)

Policy on deer and fencing
It is our general policy to support the use of deer fencing only when no reasonable alternative is appropriate. Thus, the preferred approach is to encourage the action needed to secure deer densities that are compatible with the woodland management objectives; more information on this (and the practical difficulties that may arise) is contained in the technical annex. Where fences are unavoidable, their adverse impact should be minimised through careful siting, design (including appropriate marking) and later removal when they are no longer necessary; (the commitment to encouraging redundant fence removal applies both to new fences and to older fences). Where unacceptable levels of fence strike by capercaillie or black grouse arise, steps should be taken to remove the particular fence involved. Where existing fences are due to be replaced, they should be reviewed as if they were new fences. Further information is contained in the annex, which emphasises that effective deer management is necessary, even where deer fences are used.

Due to current concern over the threat to Scotland’s capercaillie population, a more rigorous approach is needed where fences could pose a threat to these birds. This should be based on a risk assessment approach, described below. It is recognised that, unfortunately, this may impose constraints on woodland managers that make it impossible to secure successful establishment or regeneration, unless or until deer numbers can be reduced in areas of high deer density.

Risk assessment

In order to minimise the risk of killing capercaillie, a view needs to be taken as to the level of risk:-
- the risk is deemed to be very high within 1 km of known capercaillie lek sites;

- the risk is deemed to be high in areas nearby to or adjoining very high risk areas, or where there are known populations of capercaillie;

- the risk is deemed to be medium elsewhere in the core capercaillie zones identified on the maps we have produced;

- the risk is deemed to be low elsewhere.

This classification is intended to be a guide. For example, capercaillie may occur outwith core zones meaning that here is clearly a risk; and where capercaillie are absent, the presence of black grouse can affect the level of risk. More detailed consideration of individual sites both for capercaillie and black grouse may well be necessary, drawing upon available local information and expertise, including advice from SNH, the Game Conservancy and the Capercaillie Project Officer.

Where the risk is deemed to be very high, the erection of new, conventional deer fences cannot be supported through grant aid, EIA consent or plan approval. Exceptionally, it may be possible to agree a non-conventional deer fencing solution, but this will need to be agreed locally and will depend upon the particular situation and the available fencing techniques. Areas of very high risk should also be given the highest priority for fence modification, and preferably removal.

High risk areas are likely to have to be treated in the same way as very high risk areas, but there may be more scope to develop an acceptable solution using non-conventional deer fencing (see Technical Annex for further details).

Grant aid (or, where appropriate, EIA consent) will not normally be given for conventional deer fencing associated with woodland expansion projects in medium risk areas; exceptions may be made with the agreement of SNH. The removal of fences that pose a threat to woodland grouse and of redundant deer fences should be encouraged. In areas deemed to be medium risk, deer fencing proposals should be considered very carefully, with every effort being made to minimise the use of traditional deer fences. If, however, there is no practical alternative, then carefully sited and designed deer fences may be used to protect restocking or regeneration within existing woodland areas. This reflects the importance of achieving sustainable management of the woodland habitat.

Where the risk is deemed to be low, the policy set out in paragraph 7 will apply.

Within SPAs designated for capercaillie (listed in paragraph 3.2 of the Technical Annex), the risk will be very high, high or medium. It is likely that an “appropriate assessment” will be required for proposals likely to have a significant effect on the conservation interest of capercaillie, SPAs (and pSPAs). This may include proposals inside or outwith the boundary of an SPA (or pSPA).

Links with WGS contracts

Where appropriate, WGS contracts should include Deer Management Plans, which should take account of advice from statutory consultees including, in particular DCS and SNH. Any deer fencing proposals (including plans for removal) should also be set out in the WGS contract or associated Deer Management Plan.

Guidnace Note 11 - Technical Annex