Rights of the RSPCA to free snared foxes

[Holdaway 2]

I received an email today from two teenagers who have been snaring rabbits on their permission where they help out the local keeper. They also set some fox snares and by all accounts they had success - if limited.

 

Some builders working on the land noticed a fox had been caught and reported it to the RSPCA who released the fox unharmed before the keeper could be informed to dispatch the fox.

 

The RSPCA told the builders that the snare was perfectly legal but that because the fox was in distress they decided to release it.

 

Now here's the question.

 

Are the RSPCA within their rights to free a fox from a legitamate snare if they get there before the landowner/keeper/vermin controller?

 

This is not about the snares being checked early enough or any other issue, I would like some opinions please.

 

All the best

 

H

[Squirrel_Basher 17,101]

The case in the eyes of the law is yes they do have the right to free an animal however it is caught ,legally or not .They are not however ,allowed onto private land without a police officer unless invited so ...........................

Edited April 29, 2009 by foxdropper

[bignoel 14]

i am pretty sure they are not allowed to enter land with out the land owners permission .perfectly leagal snare doe's not give them any hidden powers as they have none. i have this shite off them all the time telling my customers it is illeagal for me to use a live cage trap to catch them and tell the customer they are open to prosicution bull shite .chase it up

[salukiwhippet 6]

I would say not. Providing the wire is legally set of course.

 

It would be daft to set a snare on a footpath, therefore presumably the RSPCA had to trespass to get to it? Also, I would imagine they cut the wire to free the fox, I would imagine that would constitute criminal damage. It may only be a couple of quid's worth of wire but it still belongs to someone!

 

If I was the keeper, I would be having words with someone as high up as possible in the RSPCA, and probably the police too.

 

James

[ellir0305 9]

I would say not. Providing the wire is legally set of course.

 

It would be daft to set a snare on a footpath, therefore presumably the RSPCA had to trespass to get to it? Also, I would imagine they cut the wire to free the fox, I would imagine that would constitute criminal damage. It may only be a couple of quid's worth of wire but it still belongs to someone!

 

If I was the keeper, I would be having words with someone as high up as possible in the RSPCA, and probably the police too.

 

James

 

muc as tresspassing and criminal damages are occuring and i know how annoying it is when someone releases something you've working hard to catch pest species or not if the snare hadnt been checked that morning (most builders dont start that early) i shouldnt suffer. i mean i hate foxes as much as the next trapper and i guess everything should be taken into consideration and most of all they should have spoken to the keeper first

[john b 38]

Try this - it gives a fairly good overview of Enforcement of the Animal Welfare Act 2006

 

http://www.countryside-alliance.org.uk/pol...lfare-act-2006/

[salukiwhippet 6]

muc as tresspassing and criminal damages are occuring and i know how annoying it is when someone releases something you've working hard to catch pest species or not if the snare hadnt been checked that morning (most builders dont start that early) i shouldnt suffer. i mean i hate foxes as much as the next trapper and i guess everything should be taken into consideration and most of all they should have spoken to the keeper first

 

I don't hate foxes, I've got a lot of respect for them. Of course foxes shouldn't be allowed to suffer (nor should anything.) Bear in mind though that at this time of year foxes are moving in daylight, trying to keep up with the ever growing demands of the cubs. Maybe the wire was checked at first light (generally a good thing, and the fox went in afterwards, on it's way back from hunting. Pure conjecture of course, but entirely possible, and it's 99% certain we'll never know the full story, we weren't there!

 

RSPCA seem to think they can do whatever they like, and it's about time it was stopped!

 

James

[ellir0305 9]

i think that is the ajor issue here, they have no authority yet act like they do its like the RSPB using larsen traps irresponsibly its just contradictory and should be stooded they do a lot of good for strays etc but they should leave pest control well alone and if the snare was legal they had no right to act especially whilst tresspassing

[dpb82uk 138]

its ther job to help all anemals from pet to pest thay get payed for it was the trap at the edg of your land eg ner a footpath or did thay av to cross in to your land to get to the dog sorry i meen fox

[RatSnatcher 0]

I remember an interesting thread on here a while ago about a trashing of a larsens trap on private land,

 

I am sure that the RSPCA are not allowed to interfere with pest control for the protection of game etc, but hey they seem to think they are the 4th emergency service or at least think they are

 

But I guess if it was in public veiw then it would be a little difficult to just leave it there, especially if the builders were veiwing from a scaffold and were not sure of the law themselves and were asking for it to be released

[moley 115]

I remember an interesting thread on here a while ago about a trashing of a larsens trap on private land,

 

I am sure that the RSPCA are not allowed to interfere with pest control for the protection of game etc, but hey they seem to think they are the 4th emergency service or at least think they are

 

But I guess if it was in public veiw then it would be a little difficult to just leave it there, especially if the builders were veiwing from a scaffold and were not sure of the law themselves and were asking for it to be released

 

interfearing with a legally set snare comes under the theft act 1954 , its called "tresspass of goods" as i understand it

[J Darcy 5,871]

I remember an interesting thread on here a while ago about a trashing of a larsens trap on private land,

 

I am sure that the RSPCA are not allowed to interfere with pest control for the protection of game etc, but hey they seem to think they are the 4th emergency service or at least think they are

 

But I guess if it was in public veiw then it would be a little difficult to just leave it there, especially if the builders were veiwing from a scaffold and were not sure of the law themselves and were asking for it to be released

 

interfearing with a legally set snare comes under the theft act 1954 , its called "tresspass of goods" as i understand it

But if the snare wasnt removed it wouldnt be......I dont hink...

 

But, top and bottom. Dont snare where people are likely to find your catch., Its only going to end up in the papers or something....

 

I think them lads were lucky the builders didnt ring the local rag and had them waiting for them with cameras when they came to despatch their catch.Front page news for sure.........All hunters in the UK countryside these days have got to be careful...

[RatSnatcher 0]

I remember an interesting thread on here a while ago about a trashing of a larsens trap on private land,

 

I am sure that the RSPCA are not allowed to interfere with pest control for the protection of game etc, but hey they seem to think they are the 4th emergency service or at least think they are

 

But I guess if it was in public veiw then it would be a little difficult to just leave it there, especially if the builders were veiwing from a scaffold and were not sure of the law themselves and were asking for it to be released

 

interfearing with a legally set snare comes under the theft act 1954 , its called "tresspass of goods" as i understand it

But if the snare wasnt removed it wouldnt be......I dont hink...

 

But, top and bottom. Dont snare where people are likely to find your catch., Its only going to end up in the papers or something....

 

I think them lads were lucky the builders didnt ring the local rag and had them waiting for them with cameras when they came to despatch their catch.Front page news for sure.........All hunters in the UK countryside these days have got to be careful...

 

 

I got to agree with Darcy on that for sure, You do have to wonder how they were going to despatch it near a building site, maybe they had perfectly legal means but maybe a little more thought as to where they place snares in the future, hope you didnt leave a price tag on D....

[moley 115]

But if the snare wasnt removed it wouldnt be......I dont hink...

 

its not the theft of the snare its the theft of and interfearence with the animal caught in a trap/snare that is set legally , basically its to stop people interfearing , same rule applies to releasing birds from larson traps, bin there, got the tee shirt

[Holdaway 2]

Thanks for all the replies so far guys, some sage advice in there.

 

Just to clear up a couple of points though.

 

The snare was not in plain view and was on private land, the animal was spotted by workmen who apart from the building work would never have been in that location and neither would any other member of the public unless they were trespassing.

 

The snare was not set on any public right of way or footpath. The guys don't want to prosecute or take it further but simply wanted to know where they stand.

 

Thanks again

 

H