Releasing caught pests?

[gnipper 6,405]

Don't worry i'm not losing the plot and freeing rats and rabbits but I need to find some info on the legality of releasing a wild rabbit back into the wild? I'm pretty definite its illegal but need proof. Anyone got a link?

Cheers, Gnipper

[Matt 160]

I'm not aware of any law which specifically prohibits the release of rabbits (unlike 'alien' species such as Mink and Grey Squirrels), but there is the 'Abondonment of Animals Act'.

 

It is also an offence to deliberately aid the spread of myxamitosis.

 

I do not believe that it is illegal to release rabbits in general.

[trappa 517]

As far as im aware as long as it is the european rabbit (oractylus cunnilingus or something) its fine.

Like its been said, if its got mixy its illegal though.

[pigeonphill 69]

a wild rabbit is classed as a pest so would be illegal to release back in the wild once caught . but you would have to be caught doing it in the first place not much chance of that happening as most poeple would'nt even know the laws anyway

[Matt 160]

a wild rabbit is classed as a pest so would be illegal to release back in the wild once caught . but you would have to be caught doing it in the first place not much chance of that happening as most poeple would'nt even know the laws anyway

 

Can you please tell me which law this is which you are referring to?

 

I only ask because I am not aware of any law which prohibits the release of rabbits?

 

Can you explain please?

[ratcatcher 0]

Why are you asking the question in the first place are you planning to relese some rabbits or do you know some one who is doing it? I think you might find that it is illegal to release rabbits as no matter where you let them go you are still spreading a pest species on to some ones land.

[ratcatcher 0]

a wild rabbit is classed as a pest so would be illegal to release back in the wild once caught . but you would have to be caught doing it in the first place not much chance of that happening as most poeple would'nt even know the laws anyway

 

Can you please tell me which law this is which you are referring to?

 

I only ask because I am not aware of any law which prohibits the release of rabbits?

 

Can you explain please?

its probebly under the pests act 1954 or the rabbits act 1939.Check them out but certain parts of them may have changed.

[comanche 2,912]

As apart from a few islands and the City of London parks" Britain is a Rabbit Clearance Area"---every person has a duty to kill as many rabbits as possible on his land --- releasing a bun would be a failure of a legal requirement . I also have in my head an "Agricultural Pests Act" but without me book to hand I'll shut up for now

Edited September 20, 2008 by comanche

[Matt 160]

its probebly under the pests act 1954 or the rabbits act 1939.Check them out but certain parts of them may have changed.

 

Nope.

 

Pests Act 1954 (Section One) says that the occupier of any land has a 'continuing obligation' to kill or take rabbits on his land....

 

Pests Act 1954 (Section Twelve) makes it an offence to use an infected rabbit to spread myxomatosis.

The Rabbits act 1939? That's a new one on me. Are you confusing it with the 'Destructive Imported Animals Act 1932'? That is the law that requires the occupier to notify the authorities of the presence of mink, grey squirrels, copyu etc and also makes it an offence to release them. It does refer to 'non european rabbits', which is where I think people have got confused.

 

Lets just make this clear:

 

There is NO law in this country that prohibits the release of the European Rabbit UNLESS you know it has myxomatosis.

 

 

[john b 38]

The Rabbits act 1939? That's a new one on me.

 

That will be Prevention of Damage by Rabbits Act 1939 (c.43) which I'm still trying to find a copy of. The best I can get so far is on this link - but it's just the amendments. Although if I read it right some or all of the missing bits have been repealed.

 

http://www.opsi.gov.uk/RevisedStatutes/Act...a_19390043_en_1

 

 

There are several references in the Agriculture Act 1947 and The Pest Act that talk about rabbit clearance orders and do specifically relate to the spread of rabbits. And you could read from that that the spread is against the act but it seems specific to 'Order' situations.

 

"to destroy or reduce the breeding places or cover for rabbits or to exclude rabbits therefrom, or to prevent the rabbits living in any place on the land from spreading to or doing damage in any other place"

Ref : section98, para 7 http://www.opsi.gov.uk/RevisedStatutes/Act...6#pt5-pb8-l1g47

 

 

Also section 99 of the same act says:

Prevention of escape of captive animals

If it appears to the Minister that, for the purpose of preventing such damage as is mentioned in the last foregoing section, it is expedient to prevent the escape of any animals from land on which they are kept in captivity, the Minister may by notice in writing served on the occupier of the land require him to take within such time as may be specified in the notice such steps as may be necessary to prevent the escape thereof, including such steps, if any, as may be specified in the notice.

Is a trapped rabbit an animal incaptivity ? I guess it is.

[Matt 160]

prevent the escape of any animals from land on which they are kept in captivity

I think this applies to rabbit pens and enclosed warrens - not trapped rabbits. We have a long history of 'stocked' warrens in this country, and I'm fairly sure they wouldn't have legislated against stocking them.

 

I still maintain that there is no law which specifically outlaws the release of the european rabbit.

 

 

[Holdaway 2]

.

[comanche 2,912]

Think the 39 Act is the one that allows gassing .Matt the rat might possibly be right about it being hard to find a clause that says "Thou shalt not release" but the general intimation of the various Laws ,Orders and Acts enacted since the long -gone days of the maintained warren system are clearly aimed at rabbit reduction as opposed to rabbit release. Any animal in captivity automatically places a legal responsibility on it's possesser. At what point a live rabbit becomes captive would be open to debate but my guess would be that the status of a rabbit in a flimsy net or dog's mouth might be arguable but possibly once a rabbit is subject to a firm hangrip and definatly after it is placed in a box or other holding container it has been "Reduced to Captivity" and is subject to all the wellfare rules including one that prevents it's abandonment into the wild. Or is it? The 2006 Animal welfare Act pertains to animals generally considered to be domestic.The 1960 Animal abandonment Act (which might not still be valid) only applied if on abandoning the animal it was caused suffering. So it's back to the 1911 Cruelty to Animals Act (the common-sense one). Which behoves the next question ,"Is it even legal to possess a live wild rabbit ?" To spread myxy with an infected bunny is illegal for sure and the wording of the 54 Act could be taken to include the use of both live and dead rabbits for this purpose.

An Occupier could be compelled only by Ministerial Order(1947 Act) to control the rabbits on his ground it is true. But the "Rabbit Clearance Order" bit of the1954 Pests Act makes it clear that rabbits must be killed and controlled as a matter of course whether there is threat of action or not.. One can play with words and seek loopholes but as deliberatly releasing rabbits is clearly not killing or controlling ,the perpetrater of such an act must obviously leave themselves open to action by default. Not so quick . According to the 54 Pests Act ,If a landowner is'nt controlling his bunnies as he should ,DEFRA,English Nature or whatever they're called are obliged to give the landowner a warning.If that fails they use their powers to bundle in ,get the job done and send the offender the bill. So the under these rules it seems that if you fail to control your rabbits or even if you actively let the buggers go the worse that can happen is a reasonable bill from the Government for the work involved. All this on top of being fined a lump sum and then by the day for not complying!.

So based on the evidence thus far presented Matt is right .Noting says "thou shall not release"..But the 54 Act makes it plain that "Thou shall kill and Control",Which by it's very wording makes it obvious that releasing is a big No. Same wording also rules out the "dropping "of buns for a dog to chase because under the 1911 Act such things were only legal as long as the bun had a reasonable chance of escape. I guess that other laws and torts would also come into play here ,such as causing damage to property by releasing pests ,maybe cruelty related offences with regard to keeping and transporting the things.? I suppose also that having seen the effect of pre-myxy,mass bunny infestation the legislators thought that nobody would actually want to release rabbits deliberatly ever again .Someone ring Defra or EN.

Edited September 23, 2008 by comanche

[john b 38]

OK - How about this

 

http://www.naturalengland.org.uk/publicati...ife/WML-GO2.pdf

 

Under Section 1(2) of the 1954 Act, all occupiers of land in a rabbit clearance area have a continuing obligation to kill or take any wild rabbits living on, or resorting to, their land, unless they can establish that it is not reasonably practicable to do so. If it is not practicable to destroy the rabbits, occupiers have an obligation to prevent the rabbits from causing damage elsewhere by, for example, fencing them in with rabbit-proof fencing.

[Freddy Watts 1]

None of the laws specifically state you can't but many of them see to be able to interpreted either way so it's up to you but it seems that you take a risk by doing so.

 

As far as im aware as long as it is the european rabbit (oractylus cunnilingus or something) its fine.

Like its been said, if its got mixy its illegal though.

 

Not sure you mean't cunnilingus trappa don't think that describes a rabbit very well.