Legalities of snaring

[toxo 160]

More than once when talking to people about snares the question comes back, "aren't they illegal?". I've looked but can't find anything on it so I'm asking here. Is there a good article anywhere that lays out the legalities of private/public snaring?

[heritage 202]

Snaring is perfectly legal, there are conditions and legalities to consider to keep within the law so I'd suggest looking on the Basc website for the "snaring guidelines", it's as good a place to start as anywhere......Atb.

[dymented 2,220]

Snare Laws in England and Wales

 

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

 

Under the Act it is an offense 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)

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)

who sets a snare to fail to inspect that snare (or have someone else inspect it) at least once every day. (Section 11(3)

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.

 

In addition there is a Defra Code of Practice on the use of snares in fox and rabbit control. However this is not a statutory code and as such serves no useful purpose. If you want more information on visit our Defra's Code of Practice page.

 

Snare Laws in Scotland

 

While the Wildlife and Countryside Act 1981 has been the principle legislation governing snaring in Scotland, the Nature Conservation (Scotland) Act ("the 2004 Act") introduced measures to enhance the protection afforded to wildlife, including measures to improve the regulation of snaring practice.

 

Those measures introduced in 2004 which specifically relate to the regulation of snaring practice in Scotland are:

A new offence of setting in position or otherwise using any snare which is, on the basis of its design and/or the manner in which it is used, calculated to cause unnecessary suffering.

A modified offence in section 11 (2)(a) of the 1981 Wildlife and Countryside Act, of setting in position any snare or trap which is likely (rather than calculated) to cause injury to animals listed in Schedule 6 of the 1981 Act.

A change to the requirement to inspect at least once every day to ensure that no more than 24 hours elapses between any two sequential inspections

A new requirement when carrying out an inspection to release or remove any animal caught in the snare whether it is alive or dead. Failure to remove an animal is an offence in its own right but the presence of a dead animal in any snare if it is clear that the animal has been there for more than 24 hours may now also constitute evidence of an offence under section 11(3) of the 1981 Act

A new offence of possessing a self locking snare without reasonable excuse. Any person who wishes to possess a self locking snare (for example as exhibits or for educational purposes) can apply for a licence under section 16(3) of the 1981 Act.

A new offence of selling or offering or exposing for sale any self locking snare.

Two new offences of being in possession of a snare on any land and of setting a snare on any land where the permission of the owner or occupier of any land has not been obtained. [These new provisions allow the owner or occupier to determine his or her own policy in relation to snares. Prior to these new provisions it had not been illegal to set snares on another person's land in order to control foxes and other species.

I do hope this helps you out bud

[peeps_76 17]

hi guys,

 

there is now also additional controls for snaring in scotland they come under the 2010 snaring order.

these state that snares must be fitted with "stops" which prevent the snare closing fully causing a choke I.E 13cm from the snare eyelet for rabbit snares and also where you can set snares I.E not where hanging entanglement or drowning can occur (fence lines or wet ditches for example) the order is bit moe extensive than this but these are the main points. scotland only mind.

 

http://www.legislation.gov.uk/ssi/2010/8/contents/made

 

cheers and regards Peeps

[woodga 170]

hi guys,

 

there is now also additional controls for snaring in scotland they come under the 2010 snaring order.

these state that snares must be fitted with "stops" which prevent the snare closing fully causing a choke I.E 13cm from the snare eyelet for rabbit snares and also where you can set snares I.E not where hanging entanglement or drowning can occur (fence lines or wet ditches for example) the order is bit moe extensive than this but these are the main points. scotland only mind.

 

http://www.legislati...8/contents/made

 

also the snaring of blue mountain hares is now ilegal in scotland

[peeps_76 17]

yeh thats is also correct.... a keeper near where i have a permission has been charged with snaring hares on a fence line. very recently the first i have heard of since the new order came in.

 

the guys in deep doo doo i think!

 

reagrds Peeps

[patterdale boy 1]

they also have to be fixed to the ground, drag snaring is now illegal in scotland