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Why has the Victorian government persisted with classing deer as “protected” ?

Commonwealth and state governments recognise that deer are a key threatening process in
the landscape; they are having a major financial impact on farming communities, are
threatening biodiversity and are an increasing danger on our roads. Deer are not native.

Victoria is the last remaining mainland state to keep listed deer as a protected species. All the others have declared them as a pest species, including now NSW, who changed their status in 2019. In Victoria, there is no official stated justification for their protected status. However, following discussions between government officials and the Cardinia Deer Management Coalition (CDMC), the following reasons seem to prevail:

1. Changing the status to pest animal will reduce the government’s ability to regulate the
manner in which deer are hunted. For example, hunters may not use the appropriate
calibre of weapon or weight of bullet, resulting in the inhumane killing or injury of deer.
They are also concerned about the use of spotlighting in relation to the hunter’s code of
a “fair chase.”

2. Changing the status to feral animal may cause a financial and management burden to
farmers. This is because landowners would then be compelled to control deer on their
property. It would also further compel government agencies to control deer on public
land.

3. Unregulated hunting may encourage “rogue” hunters to target deer, especially in the
state parks and private land. This could become a public safety issue as less skilled and
less ethical hunters become more active.

4. Changing the status to pest species is not required anymore because of recent changes
to legislation removing the protected status of deer on private land if deer are causing
harm or damage. This means landowners can control deer (except for hog deer) on
private land without a permit.

The CDMC are strongly of the view that deer should be declared as a pest species in Victoria, as they already are in Queensland, South Australia, West Australia, The ACT and the Northern Territory. This would bring them into line with the other states and reflect in words and law the recognised seriousness of the problem of deer in the Australian landscape.

In giving our reasons, we will address each of the four topics listed above:

1. "Reducing the government’s ability to regulate the manner in which deer are hunted."

• “Fair chase” does not apply when deer are controlled (private land), only when they are hunted (public land.) There are two ethical standards being applied depending on which side of the fence a deer is standing. This regulation specifies the calibre of rifle, type of bullet or use of spotlights when hunting deer.
• The use of the term “fair chase” only has meaning to the hunter, not to the deer. The most important concern should be that hunting and controlling deer should be humane across all land tenures. Regulations can and should be changed to reflect this.
• Stringent laws should be in place for the humane treatment of all animals, including when controlling them, even the ones we don’t like. Deer are not special in this sense; control of all pest species should be humane, whether they are foxes or cats, camels or cane toads.

        
2.  "A financial and management burden to farmers …", "compelled to control deer … "

• Firstly, this is not just about farmers, but about owners of all the land where deer can feed and take refuge, both private and public.
• Deer are already a financial burden to farmers. With protected status, your neighbour could be feeding and nurturing on their land the same deer that are jumping the fence and destroying your crops/vineyard/orchard. Legally. It is not fair that those suffering the most loss should shoulder the burden of controlling the deer that are being nourished across the whole landscape, including public lands.
• Farmers already have pest animals on their farms which they are already required by law to control, such as rabbits, foxes, pigs and goats. These animals have been declared as pests for the same reasons deer are of concern.
• It is right and necessary to require control of an introduced feral species which threaten our natural heritage and livelihoods.
• Government agencies should also be compelled to control deer as a pest species, especially in areas where they are threat to farm incomes. Where public areas are to be set aside for recreational hunting, the effects of this on surrounding landowners need to be assessed and mitigated where necessary, as a government expense.

3. "Unregulated hunting may encourage illegal hunters …"

• Illegal and “rogue” hunting has always been a problem and always will be a problem. Farmers and landowners already experience on a regular basis the sight of a deer shot near the roadside on their land with its head cut off.
• The best way to reduce this with respect to deer hunting is -
  • Firstly to encourage and resource the stringent policing of the current regulations and enact and apply proper penalty legislation.
  • Secondly ensuring proper hunter education is available.
  • And thirdly, to reduce deer numbers, especially in urban, periurban and farming areas.

4. "Changing the status to pest species is not required anymore because of recent changes
to legislation."

• We acknowledge recent changes of legislation make it easier for landowners to control deer on their own property, however …
• An individual landowner cannot control a problem that is not limited to their own property. Our neighbours must all (private and public) play their part.
• Calling a feral species a pest animal sends a strong message to the whole community: these animals are not benevolent bystanders, they are destroying our environment, affecting livelihoods and community amenity and are a danger on our roads. The message must get out and it is the government’s role to lead this.
• All other mainland states have grappled with this issue and declared deer a pest species
• It is fundamentally wrong that a damaging invasive species should not be recognised as such in law.

The impact of deer on private property and costs to our farming community are escalating rapidly

When the first community meeting to discuss the issue of deer in our catchment was organised by the Upper Beaconsfield Conservation Group, environmental damage was at the forefront of their thoughts and concerns. It quickly became apparent during the Q & A open forum session, the issue of deer encroaching on private land was possibly THE big issue for most people there.
Boundary fences were no barrier to deer, who can leap over a two metre fence from a standing start. Landowners had no control over the deer and the damage being caused in a single night could be devastating.
We have had correspondence from private landowners like:
“I have read the interesting article in the Upper Beaconsfield Village Bell, in reference to the feral deer problem.
My property is situated on Wellington Road, and we are visited daily by a herd of deer, which is causing damage to paddocks, and garden!
I am actually at my wits end as to how this constant invasion will ever cease.”
One landowner’s reply to a survey asking farmers to quantify the value of damage to their farming enterprises was eye-opening:
“Our biggest impact is on our fruit trees.
Trees that are 6-30 years old and 6 m tall can be badly damaged in one night.
It is very disheartening, expensive to replace (cost of new trees, and labour and machinery hire to removal the old trees and putting in a new ones) and then there is the economic cost of the fruit lost each year until the new tree is fully mature (15 years).”
All up this farmer put a conservative estimate of replacement cost & lost income per tree before reaching maturity of $1610. As well as this there is the cost of erecting 2m high deer proof fencing around the property, which regularly need repairing due to damage caused by deer.
Among the hardest hit are the Landcare communities. Revegetation works they have been carrying out for decades are being hard hit as the usual tree guards offer no protection against deer. For example, a Bessie Ck Landcare property owner wrote recently that
“our experience is that the deer pass through so damage is sporadic but definitely varies from 100% destruction for a re-vegetation area to  persistent  pruning causing stunting over years, to times when nothing happens for a season or two.” 
A Tonimbuk farmer was nearly in tears at a recent community meeting as he described the devastation wreaked by deer on the revegetation works he had carried out on his own property since the 2009 bushfires.
There are some landowners who “don’t mind bambi at the bottom of the paddock.” Deer are a beautiful animal and can’t be blamed for being transported to Australia. And they don’t “intend” to do harm. But harm happens, and bambi doesn’t stay in that paddock, but goes into the next, and the garden next door, and the orchard over the road.
(For a transcript of a letter from one of our farming members written in response to the DEWLP Draft Deer Management Strategy, read here.)

Due to their sheer size, speed & escalating numbers, deer are now a major danger on our local roads.

In 2015 deer overtook cattle as the fourth most common animal collision reported to the RACV in Victoria.

Deer are now commonly seen beside and crossing the roads in our area, and local panel beaters have noted an increasing number of deer related repairs.
Deer are a serious concern to motorists due to their absolute lack of road sense and to their size and speed. A fully grown sambar can weigh over 400kg and, with a high centre of gravity, this can be a lethal combination. This means that in a frontal collision at speed, the body of the deer will likely come over the bonnet, through the windscreen and into the cabin of the car. Even the smaller fallow deer at up to 200kg would be a serious threat. Australia has already had its first fatal deer accident, although fatal accidents are well known in North America.
Some general advice:

• deer are more active between dusk and midnight, and at dawn, so either avoid driving at these times or slow down
• the worst time of year is in the autumn when deer are mating and so are more likely to be moving between areas looking for a mate
• motorcycle riders are particularly at risk due to the sheer size of the animals
• drivers of the newer hybrid and electric cars are also at increased risk: these cars are much quieter, so deer have less warning to move away from the road.

Deer-vehicle collisions have been an ongoing issue in Europe and the USA for decades, where a number of methods are being used or trialled to overcome this problem, from exclusion fencing to flashing lights alerting the presence of deer on the road and more. Some councils in Victoria have now installed deer warning signs in addition to the usual kangaroo, wombat and emu signs. In the end, along with trying to keep deer numbers down, a combination of these methods may be required to minimise the impact of deer on our roads.

Deer are not native to Australia. They have only been here since about the 1860s. Along with the likes of rabbits, foxes, sparrows, blackbirds and many other species, they were originally introduced into the environment by homesick English settlers, both for sentimental reasons and hunting enjoyment. In the 1970s and ‘80s, deer farming became popular as a new way to generate farm income. As with many boom industries, the bust soon followed and many farmers simply opened their gates and let the deer out.
It seemed for a while that deer were quite benevolent in our landscape: cute little bambis standing by the road verge, quietly nibbling away on the grass with no adverse effects, effortlessly leaping over the fence as we drove by.
Unfortunately, it was not to remain so. We are not yet sure why, but things have suddenly changed over the last two decades. Roadside sightings are no longer rare nor special and we have now had our first deer related fatalities on the nation’s roads. Farmers now find themselves competing with deer on a daily basis. And the Australian environment, especially in the creek valleys, is being trashed.
Deer are known as “ecosystem engineers”. These are organisms that create, significantly modify, maintain or destroy a habitat. Ecosystem engineers can have a large impact on the species richness and landscape-level heterogeneity, especially when such an organism arrives in a new area. This is happening in the Cardinia valley right now, to such an extent that both Melbourne Water and Parks Vic have both started to take serious action to limit deer numbers to preserve the natural environment.
Deer damage the environment in a number of ways. Being browsers, they eat a lot of our native shrubs, such as pomaderris and muttonwood, along with the emerging seedlings of the trees, reducing food sources and nesting sites for native wildlife. When the deer population reaches a certain size this prevents regrowth of the various forest species. They also rub their antlers on the trees, effectively ringbarking and killing them. Unlike kangaroos and wallabies, they are cloven hooved, which means they cause impaction of the ground wherever they walk, leaving hard trails through the bush. In the swampy areas they leave pug marks in the ground or worse, create mud wallows, damage the creek banks, increasing siltation and water turbidity, affecting the fresh water crayfish and the platypus that live on them.
Feral deer have been described as “the most serious invasive problem” in NSW and the ACT. The situation is arguably worse in Victoria. Our environment, still struggling to cope with the impact of feral cats and foxes, and feeling the early effects of global warming, can not afford another threat to its existence.