DCS: Definition of Damage

DCS Definition & Methodologies for Assessment

This guide seeks to explain the various ways that ‘damage’ is used in within the Deer Act and what this means for owner/occupiers and DCS.

What is damage and when is it serious?

‘Damage’, as used throughout the Deer Act, is interpreted as “a change in state that is regarded as detrimental to legitimate objectives”.
Consequently, the assessment of damage is dependent on the legitimacy of the objectives in question and the seriousness of that damage as related to local circumstances.

What type of objectives are considered legitimate?
Public Objectives — These are recognised in law through a variety of means, including:
formal designations which identify discrete areas of land and define key features of importance that have to be protected from damage*,
the provision of financial incentives to secure enhancement, and
legal protection for habitats and species outwith designated sites.
In determining damage in these circumstances DCS will make its decision using objective and transparent data.
Private Objectives — The Deer (Scotland) Act 1996 makes provision for protection of objectives relating to agriculture, woodland and natural heritage, in determining damage DCS respects the right of owner/occupiers to determine when damage is occurring and how serious that damage is. The Act however makes no provision for DCS to authorise out of season culling aimed at protecting sporting objectives eg. actions designed to maximise red grouse populations.

How is damage assessed?

Damage to Public Interest —
An assessment of damage is always made in the context of the legal protection offered to the public interest and the extent to which this allows the private objectives to be overridden. Damage is assessed by comparing the current state of key features with that of a known baseline. If objective information is unavailable DCS may put in place baseline monitoring against which future change can be measured. In situations where deer “are causing” or “are likely to cause” damage, DCS may follow its priority site process** for DCS procedures for assessing damage to the natural heritage and woodland and Damage Assessment guides for procedures to assess damage to a range of different habitats.

Damage to Private Interest — agriculture, woodland or natural heritage

In many situations owner/occupiers have powers to cull deer in the closed season* without authorisation, to prevent serious damage to their land use objectives; in exercising these powers the responsibility is on the owner/occupiers to define the nature of the deer impacts and why in their view this constitutes serious damage.
Should an authorisation be required from DCS the onus for defining damage remains with the owner/occupiers. However before issuing an authorisation DCS may visit the site to clarify the land use objectives, the measures being used by the owner/occupiers to determine damage and to confirm that deer are responsible. In the context of crops, whether trees or agriculture, DCS would accept that deer are likely to cause damage if found within a reasonable distance from the crop. However damage alone is no guarantee that DCS will issue an authorisation as additionally they will need to be assured that:
there is evidence that deer are responsible.
there are no other reasonable means.
the individuals doing the culling are fit and competent.
the deer can be culled safely.
culling deer will prevent damage.

Once satisfied on the above, DCS will assess the severity of the welfare impact against the damage being caused and determine whether or not the culling of the deer at that time is reasonable.