BASC Scotland director Peter Clark said: "We oppose the overbearing measures in this Bill which place an unacceptable burden on Scotland's deer managers. We do not consider deer to be a national problem; rather we would have liked to see the Scottish Government look at issues with certain species in certain areas. We still have significant concerns over the proposals to introduce new powers relating to deer control orders.”
Natural Environment (Scotland) Bill
A proposed piece of legislation which could set new targets to enhance nature and protect biodiversity has been met with a mixed response from organisations, with some saying it could place an added 'burden' on farmers and landowners.
Scotland's Rural Affairs Secretary Mairi Gougeon said the Natural Environment (Scotland) Bill was proposed in Holyrood on Wednesday (February 19), which could provide a set of actions to tackle the 'twin crises' of climate change and nature loss.
Ms Gougeon said the Bill could place a duty on Ministers to set legally-binding nature restoration targets to protect biodiversity and reduce harmful carbon emissions, as well as 'modernise' the management of National Parks and deer populations.
NatureScot's powers could also be amended which could require land managers to seek approval from their local area office before carrying out certain projects, such as ploughing of unimproved land, which may have significant effects on the environment.
Scottish Land and Estates
Ross Ewing, director of moorland at Scottish Land and Estates (SLE), said the Natural Environment (Scotland) Bill can deliver important progress for wildlife and biodiversity in Scotland, but he has urged Scottish Government to work collaboratively with landowners in its delivery if passed.
Mr Ewing said the Scottish Government must provide clarity on regulatory intervention criteria, ensure proper consultation with stakeholders, and balance conservation efforts with socio-economic considerations.
"While we acknowledge the Government's ambition to enhance nature restoration, the criteria for state intervention must be clear, objective, and measurable," he added.
"Landowners and managers need to understand when and why regulatory action might be imposed, especially given the potential financial implications.
"The lack of clarity around how NatureScot will differentiate between herbivore impacts is a pressing concern.
"We are supportive of the creation of a new register for those competent to shoot deer in Scotland, and welcome the intention to create a bespoke register of those authorised to undertake specified activities such as night shooting.
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"That said, we would urge the Government to clarify how competence will be assessed – which should take into account experience as well as training – and to confirm that trainee stalkers and sporting guests accompanied by a competent person will be exempt from registration.
"There is an overarching concern that the provisions of the Bill are almost exclusively applicable to upland deer management, where a voluntary, collaborative approach has been delivering progress over the years.
"The lack of focus on incentive schemes and enabling more effective deer management in the lowlands is a missed opportunity."
National Parks
While welcoming the prospect of further clarity around the aims of National Parks, SLE said it would like to see greater emphasis placed on socio-economic development and the creation of local employment opportunities.
Mr Ewing added: "National Parks are a feature of a large part of Scotland's rural landscape, and while we welcome additional clarity on the aims of parks themselves, more emphasis is needed on the socio-economic benefits they can deliver.
"Creating local jobs and supporting rural communities should be central to national park strategies.
"The Bill also contains an enabling power to introduce a fixed penalty notice regime for the enforcement of National Park byelaws.
"Whilst we would welcome this principle, any enforcement measures must be applied fairly and consistently, with proper training for those responsible for issuing them."
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Nathan Bryceland, policy adviser (biodiversity and woodlands) at SLE, said there are challenges in the implementation of statutory biodiversity targets in principle, and that without robust baseline data, it would be 'difficult' to measure progress effectively without including landowners in decisions.
"Land managers have invaluable local knowledge and expertise, and given the focus on habitat and threatened species, it is essential that they are actively involved in shaping and delivering these targets to ensure they are realistic and achievable," Mr Bryceland said.
The Scottish rural organisation has expressed caution on the introduction of enabling powers to amend Environmental Impact Assessment (EIA) legislation, stating the measure needs to be 'clear, objective, and measurable' on the criteria for state intervention.
"We acknowledge the need for regulatory adaptability, particularly in response to climate change and shifting ecological patterns," Mr Bryceland added.
"However, it is vital that any modifications to EIA and habitat regulations are undertaken with full stakeholder consultation, parliamentary scrutiny, and clear limitations on Ministerial powers. Ensuring legislative compatibility with both domestic and international frameworks is paramount.
"There are concerns, however, about the potential costs and burdens these enabling powers could place on businesses, the public sector, and voluntary organisations.
"A risk exists that landowners and land managers could be unfairly penalised for unauthorised activities carried out by third parties on their land and that is something we would want to see safeguards against."
'Unacceptable burden'
The British Association for Shooting and Conservation (BASC) has been critical of the proposed legislation, and added it could place an 'unacceptable burden' on Scotland's deer managers and farmers.
BASC Scotland director, Peter Clark went as far as to describe the proposed legislation as 'draconian'.
He added: "We oppose the overbearing measures in this Bill which place an unacceptable burden on Scotland's deer managers.
"We do not consider deer to be a national problem; rather we would have liked to see the Scottish Government look at issues with certain species in certain areas.
"We still have significant concerns over the proposals to introduce new powers relating to deer control orders.
"The Bill also seeks to introduce mandatory training through a ‘baseline competence' for deer management, the effect of which could be to effectively halve the number of active deer stalkers in Scotland overnight to less than 7,500.
"The Scottish Government cannot keep introducing more regulation on deer management without the necessary incentivisation for deer managers.
"BASC has already set to work lobbying MSPs about the fundamental flaws of these proposals and will continue to voice our members' concerns to the Scottish Government".
Nature recovery
The Scottish Rewilding Alliance said it welcomed efforts to set Scotland on the course to nature recovery through statutory targets.
However, the organisation has been critical of the Scottish Government's handling of nature and its priorities.
"Since first proposed, it has lost an overarching purpose for National Parks to restore nature, as well as new legislation around deer management," a spokesperson added.
"It provides a framework for nature restoration targets, but without the detail, we need to know if it will lead to the recovery of Scotland's land and seas.
"In the past few months, we have seen that this is a Government that picks its battles on nature restoration.
"We have seen continued delays to measures that would help protect and restore our seas.
"Recent announcements on Scotland's agricultural budget - with most funding going into foundational payments, and less into enhanced environmental practices - also calls into question Scotland's ability to meet any nature targets it might set."
'Unnecessary and divisive'
The Scottish Gamekeepers Association said it strongly rejected the Bill as 'unnecessary and divisive'.
However, several charities in Scotland have welcomed the introduction of the legislation which could make a 'huge difference' in the country.
Deborah Long, chief executive of Scottish Environment LINK, an environment community with 40 member bodies, welcomed the Bill, and said it could make the Government more 'accountable' on how it aims to improve the natural environment.
"From our local parks to our stunning beaches, glens and lochs, Scotland's nature gives us so much," Ms Long added.
"It is central to our health and wellbeing and to tackling climate change. The publication of the long-awaited Natural Environment Bill gives us hope that nature in Scotland can recover.
"The introduction of legal targets for nature recovery will encourage long-term planning and strategic thinking, which is sorely needed.
Accountability
"But perhaps most importantly, these targets will make the Government accountable to all of us. But targets alone will not be enough to halt nature loss.
"We need action across society – and crucially, funding to hit these nature recovery targets. Scotland's people love Scotland's nature, and we need the Government to support all of us to work to restore it."
Anne McCall, director at RSPB Scotland, said: "The Natural Environment Bill is the best opportunity we have to turn the tide on nature's decline in Scotland.
"This Bill could and should play a vital role in driving action for nature"
NatureScot chair Colin Galbraith said he strongly supports the inclusion of statutory targets to protect and restore Scotland's nature.
"These are an essential part of achieving the vision set out in the Scottish Biodiversity Strategy for the recovery of nature; helping to restore vital habitats and safeguard threatened species," Mr Galbraith added.
"They will also help us build resilience against the impacts of climate change while striving towards becoming a nature-positive and Net Zero nation.
"In particular, the proposed changes for deer legislation will help improve efforts to restore priority areas such as native woodlands and peatlands by reducing the impacts of deer grazing and trampling."
Climate crisis
Ms Gougeon said the Bill could help Scotland tackle the climate crisis.
"We all depend on nature – to provide our food, help prevent flooding, tackle the climate crisis and contribute to our wellbeing," she added.
"But right now around 11% of species in Scotland are under threat and if we do not take urgent action, nature in Scotland will continue to decline and some important species might be lost forever.
"Our proposals in this Bill can contribute to the Scottish Government's priority of tackling the climate emergency.
"The twin crises of climate change and nature loss are interdependent and need to be tackled together.
"Improving our biodiversity is one of the best chances we have to adapt to climate change and ensure we can continue to enjoy nature's benefits, on which we all depend.
"However, the Government cannot do this alone – we must work in partnership with, and use the expertise of, land managers, farmers and crofters.
"We are determined to promote biodiversity, to adapt to climate change, and to ensure we can continue to enjoy the benefits of Scotland's wonderful nature – and this Bill will help achieve that."
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