Frequently asked questions
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Legislation on traps
Spring traps
The use of spring traps to kill animals is controlled mainly by two pieces of legislation: (1) the Pests Act 1954 (and its Spring Trap Approval Orders) which prohibits the use of gin and other leghold traps and (2) the Wildlife and Countryside Act 1981.
With certain exceptions, all spring traps must be tested and approved and they must (1) only be used for the target species for that particular trap and (2) be set in a natural or artificial tunnel. The use of a type of spring trap with toothed jaws and known as a gin trap was banned in 1958. There are no traps approved for killing birds. Traps for mice, rats and moles are exempt from the requirements for testing and approval.
Broadly speaking, the Wildlife and Countryside Act (WCA) works on the premise that mammals are unprotected except for certain species, whereas all birds have protection unless they are listed as exceptions.
It is important to note that while the target species, e.g. rat, rabbit or stoat, may not be protected by legislation, anyone lawfully trapping such animals must take precautions to avoid the capture of protected species. For example, they should pay careful attention to where the trap is placed and/or restrict the tunnel entrance to it, otherwise an offence may be committed.
Under the WCA it is illegal to set any trap or snare likely to cause injury to protected species such as badger, otter, pine marten, polecat, hedgehog or red squirrel.
Cage traps
These are designed to capture various species of bird or other animal alive.
The use of cage traps is permitted, under licence, for catching certain species of bird, e.g. feral pigeon, crow and magpie. Users must comply with licence conditions.
It is illegal to trap any protected animals without a specific licence.
Cage traps are also used to capture various mammals such as feral cats, mink and grey squirrels.
Once an animal has been caught, it could be protected under the Animal Welfare Act 2006 and an offence committed if unnecessary suffering is caused, e.g. it is left to suffer in the trap or not humanely despatched.
Note: All traps should be inspected on at least a daily basis.
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