A PERTHSHIRE farmer is locked in a battle with Forestry Commission Scotland which is threatening to shoot or impound his sheep which have strayed onto its ground.

Malcolm McNaughton, who farms Inverlochlarig, Balquhidder, told The Scottish Farmer: “Some of our sheep have strayed onto neighbouring commission land, despite our efforts in putting up internal fences and removing about 600 sheep. Because of the terrain, we can’t secure our fields completely as they are all open marches which can’t be fenced, plus our marches in places go up to well over 3000 feet.

“We’ve had this problem with the commission ever since Forest Enterprise Scotland, an agency of the commission, which manages the national forest estate on behalf of the Scottish government, took over the running of Loch Katrine from the Water Board, which had removed all their hefted sheep from the catchment about 16 years ago.

“The problem has been made worse by the introduction of FES guidance for the treatment of stray sheep which was introduced about a year ago and supported by NFUS," said Mr McNaughton.

“This claimed that unregulated movement of sheep on forestry ground posed a biosecurity risk, specifically in relation to sheep scab; that FES had a duty to protect designated areas of land and that there was a real need to tackle incidences of straying sheep.

“We have had quite a good relationship with the commission, but FES knew the situation when they took over as regards what happens when hefted sheep are removed in an open march situation and therefore we feel that they have to share responsibility for keeping livestock off their ground," he said.

“For those who don’t know, removing hefted sheep when there are open marches has the same effect as taking down a fence. As the saying goes, the best fence against a Blackface sheep is another Blackface sheep.

“Apart for some of our sheep being on the commission ground there are many others there, including feral sheep, some of which could go back to the time when the Glasgow Water Board put their stock off from their land at Loch Katrine," he speculated.

“We have been threatened that the sheep will be shot or impounded unless we get them back.We, along with our neighbours are doing all we can to retrieve them but again this must be a responsibility that is shared in cost and resources as is the case with all our other neighbours and always has been.

“Over the last 16 or so years, we committed a serious amount of time and resources, including putting off sheep ourselves, to helping FES meet their objectives but the situation is becoming unsustainable. As things stand at the moment, the weather is not on our side to complete the job in the timescale that they want.”

NFU Scotland’s director of policy Jonnie Hall said: “Based on existing legal requirements, the guidance issued in January, 2017, outlined farmer responsibilities and laid out a process for Forest Enterprise Scotland to follow. That included working with farmers who neighbour plantations, preparing lists of flock marks and eartags, notifying farmers when sheep have been found and giving farmers time to collect their animals.

“The guidance also reminds FES of its obligations to maintain fencing. Impounding and disposing of feral or stray sheep will be a last resort," said Mr Hall.

“In considering a resolution from Balquhidder and Killin branch, our union LFA committee accepted that guidance is necessary but believed some of the language in the guidance is confrontational and could be more sympathetic. NFUS has already met with FES on this with a view to developing more pragmatic guidance.

“Where individual disputes between our members and FES cannot be resolved, NFUS has already offered to mediate.”

NSA’s Scottish development officer George Milne commented: “I can sympathise with the problem Mr McNaughton has. Fencing can be a big problem in hill areas such as where Mr McNaughton farms. They can deteriorate over the years and also become damaged.

“As far as I understand, shooting the sheep has to be a last resort, after every possible avenue for the owner to be found, and given time to collect them,” added Mr Milne.