Running out of options

[ellir0305 9]

I still believe it is illegal to set spring traps for rabbits in the open. Only permissible in rabbit holes.

 

9 Open trapping of hares and rabbits in England and Wales(1)Subject to the provisions of this section, a person shall be guilty of an offence under this subsection if, for the purpose of killing or taking hares or rabbits, he uses, or knowingly permits the use of, a spring trap elsewhere than in a rabbit hole.

 

Pests Act 1954

 

what about bodygrips? they aer spring traps for use on runs? no offense but i think you are wrong

[john b 38]

I still believe it is illegal to set spring traps for rabbits in the open. Only permissible in rabbit holes.

 

9 Open trapping of hares and rabbits in England and Wales(1)Subject to the provisions of this section, a person shall be guilty of an offence under this subsection if, for the purpose of killing or taking hares or rabbits, he uses, or knowingly permits the use of, a spring trap elsewhere than in a rabbit hole.

 

Pests Act 1954

 

Only half the story there I think ZZW.

 

Section 8 (3) of the act says:

In subsection (1) of this section any reference to an approved trap refers to a trap of a type and make for the time being specified by order of the Minister of Agriculture and Fisheries as approved by him either generally or subject to conditions as to the animals for which or the circumstances in which it may be used, and any reference to the animals or circumstances for which a trap is approved shall be construed accordingly.

http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1954/cukpga_19540068_en_2

 

The Spring Trap Approval Order does just that.

in section 2 it confirms this

 

Approval of spring traps

2.—(1) For the purposes of section 8(3) of the Pests Act 1954, the following spring traps are approved, namely—

• (a) any spring trap of a type and make specified in any entry in column (1) of the Schedule; and
  

• any spring trap which is equivalent in all relevant respects to a spring trap of a type and make specified in any entry in column (1) of the Schedule.
  

http://www.opsi.gov.uk/si/si1995/Uksi_19952427_en_1.htm

 

Before going in to specify individual traps and the circumstances in which they may be used - for example the MK6 fenn.

 

The traps 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 Schedule 5 and 6 of the Wildlife and Countryside Act 1981) and set in natural or artificial tunnels which are, in either case, suitable for the purpose.

http://www.opsi.gov.uk/si/si1995/Uksi_19952427_en_2.htm

 

What section 9 of the Pest Act prohibits is just plonking any old trap down 'in the open' on a rabbit run, hedge line or such like. You can trap outside burrow but ONLY with approved traps and ONLY in the approved circumstances for the individual traps in question.

[zig zag wanderer 0]

I still don't see anything that overides the Pests Act as far as using spring traps in the open. It seems pretty clear to me (as clear as most muddy pest control law is that is) that spring traps in the open (tunnel or not) would be illegal.

[john b 38]

muddy as a swamp I agree.

 

It's not a question of overriding the Pest Act - section 8 of the Pest Act (as quoted) makes allowanced for the use of approved traps in approved circumstances.

 

My interpretation is that 'in a tunnel' is by definition not 'in the open' because of the fact that it's in a tunnel.

 

Otherwise the Spring Trap Approval order wouldn't say 'natural or artificial tunnels'.

 

Don't you think ?

[zig zag wanderer 0]

No, my interpretation is that STA Order deals with what you can do with what trap and the Pests Act adds extra restrictions on top of that for rabbits. I just can't see how, in a court of law, you can challenge the wording of the Pests Act. (sadly)

[OldTrapCollector 377]

Just to stir the waters more - in old time trapper and MAF parlance traps set 'open' were traps set away from holes on runs etc. Open trapping is anything that is done without a covered trap (by a tunnel of sorts). Gins were often set open and some later attempts at producing a humane trap were designed to be used this way.

 

In fact - I think I am right in saying that the early approval orders actually allowed open trapping of rats and mice with the first approved spring traps, but the wording was altered on later AO's.

 

OTC

[whin 463]

in private gardens i let a good dog through it find were the runs are ,block them up or ,a good airifle , and if that doesnt work look about with a good dog that marks and can find were they are staying ,either that find out rougly when they are about and wait .loclay i done a few private gardens they were comeing in from next feild got the farmer to ok it fereted it and we got results , you have to keep at it ,i net most gardens and charge for netting and rabbit control get paid twice

[trapperman 474]

Hi All,

 

I seem to have this problem from time to time. Gardens and they are a nightmare. You know the ones with rabbit problems where you can only catch a few with cages and you can't use snares because the owner and neighbours have pets and basically there is nothing to ferret so to put it bluntly i is up s**t creek without a paddle.

 

Naturally the owner wants results but is too tight to put up fences and all i can do is use harsh langage because the last cage trapping session dew a complete blank. Time wasted i hate it.

 

So i have a question what are your thoughts on making false tunnels to place in the garden with fenn mark 6 in them, do you think this could work and how would you go about it. Have read abit about it but a bit more light shead on the subject with pictures would be handy.

 

Regards Roger.

[trapperman 474]

hi mate, sorry this post is a couple of weeks late but was just looking at this site (browsing),this is my first post.

when i have this problem in garden jobs i have tryed a method that i thought up and it seems to work quite well, i use cheap chicken mesh 2" holes 3 foot high about 30 quid for 50 metres "online" once youve got it it lasts a long time, i put this up as a tempary rabbit fence with canes but i have holes cut in it about every 5 paces on these i fix wire tunnels 2 foot long i leave the fence up for a week to 10 days to let the rabbits get used to using the new entrances then i set mk6 fenns in them just for one night set at dusk take up at first light you can then trap for one or two nights a week letting it settle between trap days until you catch no more, theres no daily checking just setting and checking for one night on the nights of your choice i have even used this on a field scale about 400 metres long for crop damage the field backed onto lots of houses so couldnt use cages (theft) or shooting etc:, set them as its getting dark get back at first light people wont even know youre there they will see the wire but it just looks to joe public like the farmer is trying to fence out the rabbits.hope this helps you give it a try.

[borntoshoot 1]

can you not shoot them if the owner will let you lamp it?