The Law on bodygrip placement

[OldTrapCollector 376]

i thought that these doc traps would have bin available by now , anyone got thier mitts on one yet ? i was wanting a couple to try

 

They are still under test by the GCT - why I don't know as they have already been approved by the Ministry

 

You can get them direct from NZ from the manufacturer though

 

OTC

[moley 115]

take a look at the pest act 1954 section 9 , law , not guide lines ,end of

 

What exactly is it in section 9 your refering to? im fascinated?

 

the bit about being "within the overhang" , you asked me to show you where it said that and rolfe kindly found it

[comanche 2,799]

The amendment in October 2007 was only to include some recently approved traps to the list.

These were: Doc 150,200,250 Kania 2500, Nooski, Solway spring trap Mk 4 & 6.

[/quot

 

 

Thanks Rolfe ,memory jogged . I think they are the traps that specify ; "set in a tunnel of such a design to restrict access of non-target species whilst not compromising the effectiveness of the trap".

 

[RatSnatcher 0]

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.

(2)A person guilty of an offence under the foregoing subsection shall be liable on summary conviction to a fine not exceeding [F1level 3 on the standard scale] or, if he has been previously convicted of such an offence or of an offence under section five of the M1Prevention of Damage by Rabbits Act, 1939, a fine not exceeding [F1level 3 on the standard scale].

(3)Subsection (1) of this section shall not render unlawful the use of spring traps in such circumstances and subject to such conditions as may be prescribed by regulations made by statutory instrument by the Minister of Agriculture and Fisheries, or their use under and in accordance with a licence given by him.

(4)A licence under this section—

(a)may be embodied in a rabbit clearance order under this Act, or in a notice given under section ninety-eight of the M2Agriculture Act, 1947; and

(b)whether so embodied or not, may be revoked by the Minister (in whole or in part) by giving notice of the revocation in such manner as he thinks sufficient to inform the persons concerned.

(5)This section applies to England and Wales, but not to Scotland.

Annotations:

Amendments (Textual)

F1Words substituted by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31, Sch. 6 and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

 

Marginal Citations

M11939 c. 43.

 

M21947 c. 48.

[richie 1]

quote:

 

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.

 

out of interest, does this make placing a mk6 or a body grip illegal if placed in a cubby on a rabbit run ? because obviously using this method the trap would not be placed in a rabbit hole..

 

??

[RatSnatcher 0]

i thought that these doc traps would have bin available by now , anyone got thier mitts on one yet ? i was wanting a couple to try

 

They are still under test by the GCT - why I don't know as they have already been approved by the Ministry

 

You can get them direct from NZ from the manufacturer though

 

OTC

 

An interesting document..... https://www.islandnet.com/~kania/kania-2500...007-England.htm

 

not sure about the Doc type traps having to be set in a tunnel provided by the manufacturer though...

[Rolfe 2]

Section 9 (Pest Act 1954) Specifies that traps set for rabbits or hares must be in rabbit holes. The courts have held that a rabbit hole is that part of a burrow which is inside the ground and covered by the roof, not the ground which is scraped away outside; the trap must be wholly within the overhang of the burrow.

 

Source of this information: Fair Game by Charlie Parkes & John Thornley ( The law of countrysports and the protection of wildlife)

 

I think someone is splitting hairs here.....Read what is said above about section 9 of the Pest Act 1954....!

 

The overhang part is merely the deffinition by the courts of what they deem a rabbit hole to be.....and therefore although not actually stated in the act...........would still be LAW........So by deffinition a trap for rabbits needs to be set within the overhang of a hole.

Seems pretty straightforward to me..........unless i'm missing something.

[TOMO 24,957]

fook sake is this still being argued about, its in the hole end of story. lets be honest , how far down the hole would you have to put it , to stop none targets, A FECKING LONG WAY.

[TOMO 24,957]

WELL TEL ME HOW FAR DOWN THE HOLE IT HAS TO BE????????

[snareman 3]

fook sake is this still being argued about, its in the hole end of story. lets be honest , how far down the hole would you have to put it , to stop none targets, A FECKING LONG WAY.

your right tomo, as long as its under cover, but it really doesn,t matter how much care you take there is always some prowling little bast#rd that will stick a hand in one when trying to steal them, then there will be the usual hullaballoo about nothing ,instead of common sense being used , where the little c#nt should have been given a good slap in the first place , but the trapper always gets the blame ,

[Rolfe 2]

Section 9 (Pest Act 1954) Specifies that traps set for rabbits or hares must be in rabbit holes. The courts have held that a rabbit hole is that part of a burrow which is inside the ground and covered by the roof, not the ground which is scraped away outside; the trap must be wholly within the overhang of the burrow.

 

Source of this information: Fair Game by Charlie Parkes & John Thornley ( The law of countrysports and the protection of wildlife)

 

I think someone is splitting hairs here.....Read what is said above about section 9 of the Pest Act 1954....!

 

The overhang part is merely the deffinition by the courts of what they deem a rabbit hole to be.....and therefore although not actually stated in the act...........would still be LAW........So by deffinition a trap for rabbits needs to be set within the overhang of a hole.

Seems pretty straightforward to me..........unless i'm missing something.

 

Personaly i think its very much cluching at straws to quote case law from a book which is more than 15 years old which is most likely refering to an indavidual case which is even older, public opiion has changed a great deal in that space of time regarding animal welfare and rights etc so i definitely wouldnt rely on a definition from a book highlighting a specific case, i would keep myself within the exact wording of the actuall law that exists, not something someone once defined it as many years ago.

 

You who's clutching at straws pal.......so you blindly follow the act which was made law some 54 years ago.......with complete disregard for modern interpretations. So.......tell us as were all dying to know........how far down a rabbit hole would you place your trap to stay within the law?.........you know a lot about holes obviously as you keep digging a deeper and deeper one.

[Rolfe 2]

fook sake is this still being argued about, its in the hole end of story. lets be honest , how far down the hole would you have to put it , to stop none targets, A FECKING LONG WAY.

your right tomo, as long as its under cover, but it really doesn,t matter how much care you take there is always some prowling little bast#rd that will stick a hand in one when trying to steal them, then there will be the usual hullaballoo about nothing ,instead of common sense being used , where the little c#nt should have been given a good slap in the first place , but the trapper always gets the blame ,

Exactly Glenn & TOMMO........common sense at the end of the day mate........YOU CAN NEVER LEGISLATE FOR IDIOTS.

[micky 3,325]

fook sake is this still being argued about, its in the hole end of story. lets be honest , how far down the hole would you have to put it , to stop none targets, A FECKING LONG WAY.

your right tomo, as long as its under cover, but it really doesn,t matter how much care you take there is always some prowling little bast#rd that will stick a hand in one when trying to steal them, then there will be the usual hullaballoo about nothing ,instead of common sense being used , where the little c#nt should have been given a good slap in the first place , but the trapper always gets the blame ,

Exactly Glenn & TOMMO........common sense at the end of the day mate........YOU CAN NEVER LEGISLATE FOR IDIOTS.

Some time ago i set some fenn traps in a ditch alongside a 20foot chainlink fence,a civillian dog trainer reported me to the RSPCA,they arrived very quickly,a bloke and a young wench,the chap asked to see a trap ,so i showed him one ,he took some notes and the gel took some snaps,the chap asked me to show him some traps that had been set,which i did,even fired one for him,we then had a chat about mixi,agreed on what i was doing was the best way,shook hands ,and away they went,no bother, just two people doing there job,and now i get to go the other side of that fence.As you say,if a job looks right ,it is right,its common sense.

[Rolfe 2]

Section 9 (Pest Act 1954) Specifies that traps set for rabbits or hares must be in rabbit holes. The courts have held that a rabbit hole is that part of a burrow which is inside the ground and covered by the roof, not the ground which is scraped away outside; the trap must be wholly within the overhang of the burrow.

 

Source of this information: Fair Game by Charlie Parkes & John Thornley ( The law of countrysports and the protection of wildlife)

 

I think someone is splitting hairs here.....Read what is said above about section 9 of the Pest Act 1954....!

 

The overhang part is merely the deffinition by the courts of what they deem a rabbit hole to be.....and therefore although not actually stated in the act...........would still be LAW........So by deffinition a trap for rabbits needs to be set within the overhang of a hole.

Seems pretty straightforward to me..........unless i'm missing something.

 

Personaly i think its very much cluching at straws to quote case law from a book which is more than 15 years old which is most likely refering to an indavidual case which is even older, public opiion has changed a great deal in that space of time regarding animal welfare and rights etc so i definitely wouldnt rely on a definition from a book highlighting a specific case, i would keep myself within the exact wording of the actuall law that exists, not something someone once defined it as many years ago.

 

You who's clutching at straws pal.......so you blindly follow the act which was made law some 54 years ago.......with complete disregard for modern interpretations. So.......tell us as were all dying to know........how far down a rabbit hole would you place your trap to stay within the law?.........you know a lot about holes obviously as you keep digging a deeper and deeper one.

 

Seems even the moderators cant even have a civil discussion when someone disagrees with them?? god forbid anyone willing to have an opinion and disagree with what one of the regulars sais.Im finished with this site, its a joke.

 

Never test the depth of the water with both feet.........

[devonlad 0]

Section 9 (Pest Act 1954) Specifies that traps set for rabbits or hares must be in rabbit holes. The courts have held that a rabbit hole is that part of a burrow which is inside the ground and covered by the roof, not the ground which is scraped away outside; the trap must be wholly within the overhang of the burrow.

 

Source of this information: Fair Game by Charlie Parkes & John Thornley ( The law of countrysports and the protection of wildlife)

 

I think someone is splitting hairs here.....Read what is said above about section 9 of the Pest Act 1954....!

 

The overhang part is merely the deffinition by the courts of what they deem a rabbit hole to be.....and therefore although not actually stated in the act...........would still be LAW........So by deffinition a trap for rabbits needs to be set within the overhang of a hole.

Seems pretty straightforward to me..........unless i'm missing something.

 

Personaly i think its very much cluching at straws to quote case law from a book which is more than 15 years old which is most likely refering to an indavidual case which is even older, public opiion has changed a great deal in that space of time regarding animal welfare and rights etc so i definitely wouldnt rely on a definition from a book highlighting a specific case, i would keep myself within the exact wording of the actuall law that exists, not something someone once defined it as many years ago.

 

You who's clutching at straws pal.......so you blindly follow the act which was made law some 54 years ago.......with complete disregard for modern interpretations. So.......tell us as were all dying to know........how far down a rabbit hole would you place your trap to stay within the law?.........you know a lot about holes obviously as you keep digging a deeper and deeper one.

 

Seems even the moderators cant even have a civil discussion when someone disagrees with them?? god forbid anyone willing to have an opinion and disagree with what one of the regulars sais.Im finished with this site, its a joke.

 

Never test the depth of the water with both feet.........

 

I was beginning to think this lad could walk on water !!

Edited January 6, 2009 by devonlad