Legal Traps?

[Bothwell_Craig]

I’m going to try and not get all these quotes looking messy!

Yes that's true on timings, however it's not what they teach the military.

What they teach the military for survival purposes has no bearing on the original posters question and legally would provide you with no viable defence

The homemade snare is not what I was getting at, check out the snares that can be bought commercially including the ones that are being sold in the hunter kits, they are totally illegal and if anyone should try to set one and get caught they would be prosecuted by the RSPCA.

I don’t know what “hunter kit” you are referring to but I wouldn’t mind a look at a link. Gin traps etc are still legal to buy and posses, the offence occurs when they are set. They would be prosecuted by the Police as it’s a criminal offence. RSPCA / SSPCA prosecution and reporting capabilities are restricted to animal cruelty cases.

However the stop 5 inches (now I believe is 6 inches) from the eye is part of the code of practice laid down by defra, it has not been laid down in law as an amendment to the wildlife and countryside act 1981 for England and Wales, the code was only established in 2005 and concerns over snares and snaring have been running for a lot longer than that.

I can only reiterate what I said earlier in so much as my experience is within Scottish law.
The stop, designed to stop the noose tightening around the neck, should be no less than 13 cm for rabbits and no more than 23cm for foxes.

The stop is properly known as a deer stop and is really there so that deer do not catch a leg or become fouled in it, but it does also mention foxes and badgers as non target species.

It’s illegal to use or set a snare to catch a deer and I’ve never heard of it being referred to as a deer stop in all my years investigating such cases. What mentions badgers and foxes?

I haven't read the snares order for Scotland yet, but I am aware that it's law to have a deer stop fitted when snaring in Scotland. I will read it in the next couple of days. The code of practice also mentions tealers should be used. To be honest you probably won't catch much without them.

Talk is that the WCA 1981 will feature a new snaring order. Watch this space.

 

[Bothwell_Craig]

It's not as easy as that, you'll find that they would prosecute you anyway because the trap itself has not been licensed as being a humane trap, also due to it being of an improvised nature you could not claim repeatability.

Body grip traps have effectively been licensed as humane mainly because they do not have teeth and they are not designed to maim, they kill very quickly and effectively. They are simple, but of good quality and I must admit every time I demonstrate them they make me jump a bit, I am also very aware of what could happen to my hands should the safety come off and the thing trigger. They are extremely sensitive.

You would be very hard pressed to make an improvised trigger that was as repeatable when it came to sensitivity, once triggered if you blink you miss it.

They'd be hard pressed to prosecute on a deadfall type trap. Snares, gin traps etc then yes but an improvised deadfall would be difficult to prosecute without a "victim". Not impossible but difficult.

 

[wattsy]

It does a bit but it's not quite accurate.

Snares need only be checked once every 24 hours and should be fitted with a stop, even for rabbits.

don't need stops in england

 

[Bothwell_Craig]

don't need stops in england

Yep, I've made that point already. Stops are a legal requirement in Scotland

 

[wolflore]

don't need stops in england

Yes you do mate. Self locking snares are now illegal.

 

[wolflore]

I'll go through my paperwork to check for you exactly which Act made it so.

 

[wolflore]

Defra best practice document

Page five explains the legalities.

 

[SORLUCY]

Thanks for some good feedback.

Ive not had an email back from them just as yet regarding deadfalls. However, after looking alot more into rabbit snares, the ones they allow are more of a restraining device and if used correctly are very good for this. As long as i have the land owners permission this would be the way ill go i think, otherwise fishing.

Thanks for the information, as soon as they get back to me ill post their reply.

 

[wolflore]

don't need stops in england

Sorry for my earlier post, you are right, you don't need stops in England. But you do need snares that are the non-locking type. In my eyes as these types without a stop can still lock I tend to ignore them in favour of ones with a stop.

 

[leon-1]

Sorry for my earlier post, you are right, you don't need stops in England. But you do need snares that are the non-locking type. In my eyes as these types without a stop can still lock I tend to ignore them in favour of ones with a stop.

Yeah, I know the feeling.

For bothwell craig Deer stops.

www.trapworks.co.uk/snares.htm
www.pdksnares.com/snares.html
http://www.snareshop.com/choosing-theright-snare.html

 

[Bothwell_Craig]

Yes you do mate. Self locking snares are now illegal.

Stops have no bearing on self locking snares. Even without a stop a free running snare will release a strangle from around the neck of the animal when it stops struggling.

 

[Bothwell_Craig]

Thanks for some good feedback.

Ive not had an email back from them just as yet regarding deadfalls. However, after looking alot more into rabbit snares, the ones they allow are more of a restraining device and if used correctly are very good for this. As long as i have the land owners permission this would be the way ill go i think, otherwise fishing.

Thanks for the information, as soon as they get back to me ill post their reply.

Snares should only be a restraining device.

 

[Bothwell_Craig]

For bothwell craig Deer stops.

www.trapworks.co.uk/snares.htm
www.pdksnares.com/snares.html
http://www.snareshop.com/choosing-theright-snare.html

Thanks for the link. Pretty sure that I've never heard the stop being referred to as a deer stop. As the last two links are american I'm wondering if thats where it's come from or is it a "down south" thing?

 

[wattsy]

i've always called them deer stops they were introduced to stop deer being caught in the snare i reckon the name caught on down here

 

[wolflore]

They call them Deer Stops on that DEFRA link too.

 

[wolflore]

Stops have no bearing on self locking snares. Even without a stop a free running snare will release a strangle from around the neck of the animal when it stops struggling.

Only if the snare is working correctly - which we have a duty of care to ensure obviously.

 

[SMOKOE]

An Uncle of mine used to trap pheasants on his small holding that strayed from a neighbouring estate in a trap like the second in this video, perfectly legal as it is live catch and non target species are easily released unharmed. I'm sure it could be adapted for rabbits with the right bait, it works on the dead fall trigger system which is not shown very clearly here.

http://www.youtube.com/watch?v=hUMyPG9NyjQ

All mechanical traps such as Fenn's or BMI's must be set in some sort of tunnel with a restricted entrance to avoid catching non target animals (sorry if this has already been said)

 

[wattsy]

The use of snares in Britain is regulated under the Wildlife and Countryside Act 1981.
Under the Act it is an offence for a person:
to set a self-locking snare in such a way as to be calculated to cause bodily injury to any wild animal. (Section 11(1)(a).)
to kill or take any wild animal using a self-locking snare. (Section 11(1)(b).)
to set a snare (or other article) in such a way as to be calculated to cause bodily injury to any animal listed in Schedule 6 of the Act (e.g., a badger). (Section 11(2)(a).)
to kill or take any animal listed in Schedule 6 of the Act (e.g., a badger) using a snare. (Section 11(2)(b).)
who sets a snare to fail to inspect that snare (or have someone else inspect it) at least once every day. (Section 11(3)(b).)
to set any type of snare unless they are an 'authorised person' under the Act (that is, the owner or occupier of the land on which the snare is set, any person authorised by the owner or occupier of the land, or a person authorised in writing by the Local Authority for the area. (Section 27(1).)
to possess a snare for the purpose of committing any of the above offences. (Section 18(2).)
Under the Deer Act 1991 it is an offence to use snares to kill or take deer.
To sum up, the use of self-locking snares, the setting of any type of snare in places where they are likely to catch badgers, failure to inspect snares on a daily basis, and setting snares on land without permission, are all offences under the Wildlife and Countryside Act.

thats all there is too it for england and wales no need for deer stops and the self locking clause rules out most traditional spring snares as the animal's body weight 'locks' the snare. scottish law has no bearing on english law so unless the op is going to scotland for his trip he can safely ignore the scottish references.

can be hit and miss with snaring you'll catch more the more you put out make sure you set them on established runs, and don't whatever you do use the small, fist sixed loops that some people say to use. use 6 inch loops on proper tealers and you'll find you catch a lot more. my best result snaring was 87 out of 100 snares but there was a lot of bunnies around

cheers
matt

 

[Bothwell_Craig]

The use of snares in Britain is regulated under the Wildlife and Countryside Act 1981.

Wrong

It is part of the legislation which covers snaring used in England, Wales and Scotland. Scotland has further legislation. Last time I checked we were still part of Britain.

To sum up, the setting of any type of snare in places where they are likely to catch badgers, are all offences under the Wildlife and Countryside Act.

Wrong again. It is an offence to set a snare where it is calculated to catch a schedule 6 animal. Catching a schedule 6 animal in a snare is NOT an offence provided it wasn’t the intention and was released.

Your post is a direct lift from legislation but your summation is incorrect (even without the Scottish references)

I’m not being pedantic. Wording in wildlife legislation when it comes to prosecutions is VERY specific and can make the difference in the outcome.

Cheers
Craig

 

[Minotaur]

I know someone said it but what about using the cage traps?

Catch it alive, if wrong animal send it on its way.

Bet the law on them is bang on, and less hassle.

Also I bet no one will rush to report you either.