The Law on bodygrip placement

[ianrob 2]

Hi Guys, I don't want to ruffle feathers or cause any grief, but could anyone enlighten me as to the laws regarding the placement of bodygrip traps. Some well respected pro's seem to place them in fencelines, and if this is legal then they would be a very useful addition to my armoury, "as an amateur who does little jobs locally when approached". It's just that I have deep seated misgivings about using spring traps that aren't in tunnels, ie for wandering kids, dogs, nosey parkers etc. How would I stand if I set them in a fenceline run under a fence with permission, and some kid lost their fingers.

[john b 38]

Ian

 

The law is very definite, it's just that it's a little ambiguous and leave scope for interpretation.

 

The law is here in the Spring Trap Approval Order.

 

The problem as I see is that there is no definition of 'tunnel'. The Order states a tunnel 'which is suitable for the purpose' but is doesn't state what the purpose of the tunnel is as far as I can see.

 

There has been some case law on 'what constitutes a tunnel' which some of the pro-pesters might able to remember. I think there was a case of an uncovered trap in a loft and the loft was unsuccessfully claimed to be acting as the tunnel.

 

I have always assumed that it's purpose is to minimize access to the trap by non-target species.

 

Although it could mean the same 'purpose' as earlier in the paragraph i.e. for the purpose of killing the target animals.

The trap shall be used only for the purpose of killing or taking rats, mice and other small ground vermin (except those species listed in Schedules 5 and 6 of the Wildlife and Countryside Act 1981) and set in a natural or artificial tunnel which is, in either case suitable for the purpose.

[Eunectes 0]

The way i've had it explained to me you would usually assum the purpose of the tunnel to be to prevent the catching of non-target species and to prevent a trap potentially becoming a leg-hold trap. If you're thinking of setting Magnums in a fence I would think it should be possible to call a kinda thick frame set into the fence a reasonable tunnel for the purpose although i'm no great expert on the subject.

[Rolfe 2]

The trap shall be used only for the purpose of killing or taking grey squirrels, mink, rabbits, stoats, weasels, rats, mice and other small ground vermin (except for those species listed in Schedules 5 and 6 of the Wildlife and Countryside Act 1981) and set in a natural or artificial tunnel which is, in either case, suitable for the purpose.

 

Above is what the Spring Trap Approval 1995 states...... (116 type)...The grey area has always been down to the interpretation of what constitutes a tunnel "suitable for purpose".

 

In my opinion a bodygrip set in a cubby, inserted under a fence would satisfy the legal requirements as set out above.

 

Rolfe.

[moley 115]

The trap shall be used only for the purpose of killing or taking grey squirrels, mink, rabbits, stoats, weasels, rats, mice and other small ground vermin (except for those species listed in Schedules 5 and 6 of the Wildlife and Countryside Act 1981) and set in a natural or artificial tunnel which is, in either case, suitable for the purpose.

 

Above is what the Spring Trap Approval 1995 states...... (116 type)...The grey area has always been down to the interpretation of what constitutes a tunnel "suitable for purpose".

 

In my opinion a bodygrip set in a cubby, inserted under a fence would satisfy the legal requirements as set out above.

 

Rolfe.

 

totally agree, however like was asked before , whats a tunnel ?, i know a lad setting traps on ledges for mink under a railway tunnel , it was in a tunnel , true, not my way , but i suppose it was set perfectly legally in a tunnel, loop holes in the law ?

[RatSnatcher 0]

I think the thing here is to use comon sense, if you get collared with a non target species in your trap ,then you will have to go a long way as to explaining the situation in order to get let off.

 

Its a grey area for sure.......you have to use a tunnel for a fenn or body grip in a loft but why is it ok to use a kness or victor rat trap in a loft without a tunnel, regarding pest control I believe they make the rules up as they go along

[ianrob 2]

Thanks Guys it is a grey area, I suppose it'll take a misshap to get a ruling in court, though any other opinions still wellcome. ian

[moley 115]

Thanks Guys it is a grey area, I suppose it'll take a misshap to get a ruling in court, though any other opinions still wellcome. ian

always best to play safe and use a tunnel , even if its not very long

[OldTrapCollector 377]

I have been thinking about this today and after all that thought have still not decided what I think about it all

 

Tunnels to me have always meant purpose built things but I know that natural tunnels are also 'allowed'

 

I have little or no experience with BG's, but have a fair bit of other trapping experience to call from and I personally wouldn't chance using a Fenn or Imbra in that kind of set.

 

It does all come down to 'what is a tunnel' and what is the meaning of 'purpose' in the HTAO doesn't it? And that, I would think would be subject to the interpretation of the prosecuting judge if it all goes wrong.

 

It might just pass as a 'tunnel' as in it has got a 'roof' - but I am still not comfortable with it personally. Same goes for using BG's in thick cover 'tunnels'.

 

Very open to interpretation I guess, perhaps such rules are deliberately vague to allow maximum exploitation by the trapper to suit his needs?

 

OTC

[RatSnatcher 0]

I have always thought that to clarify the law better, it would be much clearer to stipulate the length of the start of the tunnel/ cubby to the actual trap say 8inches etc.....

 

I know we are talking BG's, but there has been a lot of negotiation consultation regarding the kania which is basically housed in a cubby but.....you still need a tunnel so when is a tunnel a tunnel

[ianrob 2]

The trap shall be used only for the purpose of killing or taking grey squirrels, mink, rabbits, stoats, weasels, rats, mice and other small ground vermin (except for those species listed in Schedules 5 and 6 of the Wildlife and Countryside Act 1981) and set in a natural or artificial tunnel which is, in either case, suitable for the purpose.

 

Above is what the Spring Trap Approval 1995 states...... (116 type)...The grey area has always been down to the interpretation of what constitutes a tunnel "suitable for purpose".

 

In my opinion a bodygrip set in a cubby, inserted under a fence would satisfy the legal requirements as set out above.

 

Rolfe.

 

Hi Rolfe, call me daft "ok your daft" no but what's a cubby, and would it stop a dog getting it's nose caught. ian

[RatSnatcher 0]

A Cubby Ian is usually made out of mesh, a kind of cage Woodga's recent post with a squirrels illustrates this...

[Rolfe 2]

this is a picture of a purpose built "Cubby" to hold a bodygrip........they can be used open ended or as a blind tunnel depending on setting and location.........hope this helps.

[RatSnatcher 0]

Not seen that particular model Rolfe who makes that one?

[Rolfe 2]

Not seen that particular model Rolfe who makes that one?

 

I think that type is still available from Killgerm............