Public consultation on review and update of Wildlife Legislation
A RESPONSE
to an invitation by the Department of Housing, Local Government and Heritage issued on 27th, June 2024.
Compiled by
The Irish Deer Commission on behalf of its Executive and Membership
09 September 2024
1: INTRODUCTION
The National Parks and Wildlife Service of the Department of Housing, Local Government and Heritage is working to review and update wildlife legislation.
This includes the:
- Wildlife Act 1976
- Wildlife (Amendment) Act 2000
- European Communities (Birds and Natural Habitats) Regulations 2011
- related regulations.
This legislation covers areas such as the protection of birds, the protection of certain wild animals, and the protection of certain lands, sites and habitats.
This is an extensive review and is a multi-year project and will be carried out in several phases. It will examine the effectiveness of the legislation in protecting wildlife, preventing biodiversity loss, and regulating activities that adversely impact on wildlife and biodiversity. In doing so, it is seeking to strike an appropriate balance between the needs of humans and the needs of wildlife. It is also seeking to ensure compliance with Ireland’s obligations under the EU Birds Directive, the EU Natural Habitats Directive and other relevant directives and international conventions.
The purpose of updating the legislation is to ensure that it works better for wildlife, for biodiversity, for the public, and for those who operate and interact with it. The key focus of the initial phase of the legislation update will be on strengthening the enforcement of wildlife crime and on addressing any legislative anomalies. The project will run for several years, and it is anticipated that two new Wildlife Bills and several new Statutory Instruments will be published arising from this work.
The department recognises the importance of consultation and wishes to make the process of revising wildlife legislation as open and transparent as possible by allowing participation from members of the public and interested stakeholders.
Members of the public and all stakeholders are now being invited to make submissions on the wildlife legislation review and update. The inputs received will be used to inform and shape the development of Ireland’s wildlife legislation.
This is the first phase of public consultation. In this phase, views on the overall project are being invited. As proposals emerge, further phases of public consultation will be held.
2: BACKGROUND TO DEER LICENSING AND DEER MANAGEMENT IN IRELAND
2.1: Deer are a protected species under our Wildlife Acts and an important part of natural heritage with deer present in Ireland since Neolithic times. Deer at sustainable levels are an economic, visual, and sporting asset, however where deer numbers become excessive, they can have negative consequences for farming, forestry, the wider ecosystem and deer own welfare. In the absence of a natural predator, it falls on licensed deer hunters to manage their numbers.
2.2: Data supplied to IDC by the National Parks & Wildlife Service (NPWS) shows that 6,486 deer hunting licences were issued by the Wildlife Licensing Unit under Section 29 of the Wildlife Acts in the 12-month period up to February 28th, 2024. The number of licences continues to grow annually primarily due to an increase in the popularity of deer hunting. Over the last 10 years the number of licences has grown by 1,982.
2.3: Additional data provided by NPWS show 65,547 deer were culled by licensed deer hunters in the 12-month period up to February 28th, 2023. Similar data shows an increase of 109% in the number of deer culled over the last 10 years or 380% since 1999/2000. It is important to note this data is based on annual hunter cull returns which is not independently verified, however hunter cull returns require the applicant to sign a declaration of accuracy. The data also highlights that Fallow deer are the dominant species culled in Ireland, accounting for 46% of the national cull
2.4: Despite claims of growing deer populations, in the absence of deer density data, the true deer population is unknown in Ireland. In the absence of data, the current levels of annual deer culling maybe appropriate, require additional culling or have negative consequences for future conservation status for wild deer. Anecdotal evidence from those involved in deer management would suggest a small number of localised areas have excessive deer numbers, where in most areas’ deer are being managed at a sustainable level. Wicklow accounted for 29% of national cull in the 12-month period up February 28th, 2023, the county along with seven other counties accounting for 71% of the national deer cull.
Suggestions the increasing deer cull returns are linked to an increasing deer population should be cautioned as data demonstrates that the increase in deer culled has a direct corelation to the increase in the number of hunting licences, with the average remaining at 7/8 deer culled per hunter, per season since 2004. The 2022/23 open season has shown a marked increase with the average number of deer culled increasing by 20% to 10 deer per hunter, in response to requests to cull more deer. Culling by part-time and full-time deer managers is undertaken without cost to the state.
Landowners who suffer genuine crop damage from deer can apply for a permit under Section 42 of the Wildlife Acts to cull deer outside the open hunting season (September 1st to February 28th) data shows less than 0.25% of landowners have a requirement for such a permit suggesting deer conflict or high deer densities are the exception.
There is no open season for red deer in Co Kerry due to their national and international conservation importance. While deer densities appear excessive within Killarney National Park, outside the Park Red deer numbers are low to sustainable. A conservation threat remains from Sika/ Red deer Hybrids in the West of the county, and non-native red deer in Co Limerick.
2.5: While progress has been made in recent years deer management knowledge among all stakeholder groups is low, often leading to arbitrary and misinformed claims about deer and their management. There has been increased pressure from farming organisation on NPWS and Department of Agriculture, Food and the Marine, while well founded this approach can lead to misinformed and poor deer management practices along with animal welfare issues.
- Wild Deer and Bovine TB
3.1 Bovine TB has a devastating impact on rural Ireland and farming, and while we should support those impacted by this terrible disease, it is important that we should not mislead or give false hope by suggesting culling wild deer will reduce Bovine TB levels.
In recent years we have seen a campaign of misinformation about wild deer and Bovine TB in livestock, such an example was evidence given to the Joint Committee on Agriculture, Food, and the Marine on December 13th, 2023, regarding Bovine TB and wild deer contradicted and ignored previous scientific evidence given to the Committee by scientists from the Department of Agriculture, Food, and the Marine on March 9th, 2021, and December 11th, 2018.
The Wicklow Deer Management Report was completed in March 2022 at considerable cost to the taxpayer and remained unpublished by the Department Agriculture, Food, and the Marine until an appeal of a freedom of information request by the Irish Deer Commission in March 2023. The report states 1,520 wild deer were culled as part of a project in County Wicklow investigating Bovine TB in wild deer, all areas except one area showed no Bovine TB in wild deer tested, overall, 9 deer tested positive or 0.60% of the total cull, a positive rate which is in line with many wildlife species which can contract TB but at very low levels. Despite the report’s findings it was mispresented and reported as claiming 16% of deer tested positive, which is deeply concerning. TB levels in livestock is reported at per thousand animals tested or the livestock population of the county, and no attempt should be made to compare TB levels in wildlife as the population is unknown, or tests are taken from small samples, and from areas where TB is known to be present. Most areas tested show no evidence of TB in wild deer.
- SURVEY ON THE REVIEW AND UPDATE OF THE WILDLIFE LEGISLATION
4.1: During the month of August 2024, IDC undertook a survey of its members, licensed deer hunters. and those involved in deer management. The online survey asked participants a series of questions on common issues and suggestions around the review and update of the wildlife legislation specific to deer management and conservation. The survey received 737 responses. Questions were based on matters raised by the Executive and Members of the IDC, with the option to add additional suggestions included in the survey.
SURVEY RESPONSES
4.2: Should all wild deer remain a protected species under the Wildlife Acts – 87% in favour – wild deer have existed in Ireland continuously for over 5,000 years, with Fallow deer introduced by the Normans in 1169, and Sika deer by Viscount Powerscourt in 1860. During the 1980’s there were more introductions of all deer species following the demise of the deer farming industry.
Any attempt to remove wild deer as a protected species under the wildlife acts would be counterproductive and cause deer numbers to increase as deer adapt to additional hunting pressure causing them to spread and become nocturnal, making management difficult. In addition, this would cause significant animal welfare issues, as dependant young lactate typically for 10 weeks after birth and if the mother is culled during this period will result in death by starvation over a prolonged period.
There has been some discussion on the removal of Sika deer as a protected species under the wildlife acts, with the possible reclassification as an invasive alien species coming from the EU, however the derogation threshold from such a reclassification would be easily achieved by Ireland. Regardless of the deer species or when they were introduced to Ireland, all deer need to be managed with the same potential negative and positive impacts.
4.3: Should Mouth Blown Deer Calling Devices be allowed for Deer Management- 80% in favour – such devices are a common tool for deer managers throughout Europe and assist with the culling of deer during the breeding season, known as the rut by attracting males. Currently section 35 of the Wildlife Acts prohibits their use for deer management in Ireland.
4.4: Should Handheld Thermal Devices be allowed for Deer Management – 91% in favour – – such devices greatly assist modern deer management and are common throughout Europe. The purpose of the handheld device is to help locate deer during daytime deer management, the device detects a heat source, and the animal is then assessed by the deer manager with binoculars as to whether been suitable and legal to cull. Such devices should not be confused with thermal telescopic sights fitted to a firearm, these devices are listed as a restricted firearm under our firearms legislation and require specialised training. Currently section 38 of the Wildlife Acts prohibits the use of handheld thermal devices for deer management, other than for scientific devices.
In recent years we have seen a growing anti-deer sentiment from some rewilders and environmentalists, often their statements are misinformed or belief that trees and deer cannot co-exist, without understanding that a balanced and sustainable deer management approach can benefit forestry and the wider ecosystem. These sectors have led a sustained political lobbying to vilify our wild deer. It is crucial decisions regarding the management of deer are well founded and scientific based and not simply arbitrary seat of the pants comment as a result of landowner or political pressure.
4.5: Should fines and penalties be increased for wildlife crime – 74% in favour – there is considerable concern that the current fines and penalties for wildlife crimes such as the illegal killing of wild deer or deer poaching are not a deterrent for criminals and should be significantly increased. Powers of seizure and arrest for NPWS staff in comparison to An Garda Siochana in firearm seizure need to be improved. NPWS support of NGO wildlife crime initiatives has been disappointing and sends out the wrong message to the public and criminals involved in these crimes.
4.6: Should the minimum calibre for deer management increase to .243 calibre – 65% in favour – 239/1977 (Wildlife Act, 1,700-footarms and Ammunition) Regulations, 1977) specifies that you can only use a centre-fire rifle of not less than .22 calibre with a muzzle energy of not less than 1,700 foot pounds to hunt deer species and such rifles must use bullets weighing not less than 55 grains.
Increasing the minimum calibre to .243 would remove the animal welfare issues created by smaller calibres particularly on larger deer species or mature males. Also, the current regulations create a loophole for the use of smaller non deer hunting calibres where the 1,700-foot pounds and the 55 grains bullet weight requirement can be achieved.
Ends.
Irish Deer Commission
September 2024