AGREEMENT ON STRATEGIC PRINCIPLES FOR USING INCENTIVES & REGULATION IN DEALING WITH ADVERSE IMPACTS TO THE NATURAL HERITAGE, WOODLAND & AGRICULTURE & THREATS TO PUBLIC SAFETY BY WILD DEER.

As the Scottish public bodies most closely involved, we (DCS, FCS, SEERAD & SNH) agree on the need for a joint approach to working with deer managers on the use of incentives and regulation, to secure effective management of deer and other herbivores where their impacts on the environment or public safety are causing concern. This will be governed by strategic principles as set out below, and supported by agreed staff guidance.

We acknowledge that:

• currently, the impacts of deer (as well as those of other herbivores) are dealt with through a variety of different approaches and regulatory and grant aiding mechanisms.
• no single agency has all the tools to effectively address concerns of adverse impacts on important natural heritage, woodland or agricultural sites; or concerns over public safety.
• a multi-agency joint approach is thus required to prevent these impacts or concerns from hindering the achievement of public policy objectives.

Within the broader aim of securing effective management of herbivores where their impacts on the environment or public safety are hindering the delivery of wider public policy objectives, the immediate priority is to achieve effective local management on sites assessed as a priority by the agencies acting jointly; in particular those which are subject to international obligations eg Natura, or where there are known threats to public safety.

We agree to meet as an interagency liaison group to oversee the joint working process. The group may meet whenever requested by any one party and at least twice a year. It will take stock of all priority site process cases and decide on a joint approach to any cases referred up from local staff. Between meetings we agree to maintain regular communication.

Such joint working will not undermine individual accountability. Agencies have their own individual remits and purposes and in working together the aim will be to achieve complementarity between these whilst maintaining clear accountability. Such collaboration should not compromise sovereignty nor constrain or limit effective joint action. For all sites where there are current or foreseeable concerns, we shall collectively agree a site specific approach and priority, including site lead agency, objectives, mechanisms, targets and arrangements for monitoring.

In agreeing the approach to adopt in each case we shall take careful account of the views of local owners and deer managers and of other liaison fora such as the Deer Management Round Table (DMRT) and the joint-agency/ADMG working agreement. We shall also be guided by the following principles:

• our focus will be on securing the maximum overall public benefit and meeting international obligations;
• the combined impacts of deer, other wildlife and livestock have to be taken into account; especially in circumstances where the adverse impacts which have triggered the concern do not constitute a clear breach of any existing scheme or programme conditions;
• where necessary, we shall pursue a regulatory approach;
  • in doing so action must take account of those who live and work on the land in the context of sustainability; and,
  • tenancy agreements between landlord and occupier must be taken into account.
• when financial incentives are used, the focus of these should as far as possible be to secure enhancement in habitat condition (usually measured against a baseline established at the time the site was designated). In particular:
  • clear and specified public benefits should be demonstrated, as well as evidence of effective deer management planning
  • achieving enhancement may initially involve a degree of damage repair. Providing the target for enhancement is set well above the baseline, the use of incentives may be appropriate if additional public benefits accrue.
• whichever mechanism or combination of mechanisms is used:
  • the use of financial incentives or regulatory powers should be governed by clear shared site objectives preferably reflecting public & private interests as well as effective use of resources and clearly specified targeted outcomes.
  • it is essential to establish reliable and robust baseline monitoring data as the basis of setting targets and assessing progress; as well as underpinning any incentive led approach.
• methodologies for monitoring of deer impacts for each site must be agreed between partner agencies. Without this, it will be difficult to progress regulatory action if outcomes are not achieved or sustained, or if regulatory action is challenged.
• agreement will be reached on the co-ordination and resourcing of monitoring and evidence gathering. This will be a matter for arrangement between partner bodies on a site by site basis.

We acknowledge that in practice the outcome will often be a mix of regulatory & incentive-led approaches focussed on the individual circumstances of the site and that many deer managers may be inspired more by a wish to be publicly seen to be carrying out good practice than by financial incentives,

These principles will be expanded into practical guidance for staff by June 2004.

Recognising that Ministers will expect agencies to work together closely, we will co-ordinate public statements and additional research as well as the use of existing resources, specialist skills and powers available to the group as a whole to achieve the environmental and road safety public objectives desired.

We remain committed to raising standards of deer management more generally in order to encourage the delivery of public policy objectives through a range of measures including the ongoing publication of Best Practice Guidance

A formal review of this agreement will be undertaken after 3 years of practical experience.

SEERAD DCS SNH FCS
March 2004