The Spring Traps Approval (Wales) Order 2010

Welsh Statutory Instruments

2010 No. 2447 (W.210)

ANIMALS, WALES

The Spring Traps Approval (Wales) Order 2010

Made

5 October 2010

Laid before the National Assembly for Wales

7 October 2010

Coming into force

1 November 2010

The Welsh Ministers, in exercise of the powers conferred by sections 8(3) and (7) of the Pests Act 1954(1) now vested in them(2), make the following Order in exercise of those powers.

Title, commencement and application

1.—(1) The title of this Order is the Spring Traps Approval (Wales) Order 2010. It comes into force on 1 November 2010.

(2) This Order applies in relation to Wales.

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—

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

(ii) which is or was manufactured by or under authority of the person or company specified in that entry; and

(b) 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.

(2) The approvals given by paragraph (1) of this article relating to any spring trap specified in any entry in column (1) of the Schedule, and to any spring trap equivalent in all relevant respects to a spring trap so specified, are subject to the conditions as to the animals for which and the circumstances in which the spring trap may be used specified in the corresponding entry in column (2) of the Schedule.

(3) For the purposes of this Order, a spring trap is equivalent in all relevant respects to a spring trap of a type and make specified in the Schedule if it corresponds to the spring trap so specified in construction, in materials, in impact force or momentum, and in all other respects which are relevant to its effect or manner of operation as a trap.

Revocations

3.  The Spring Traps Approval Order 1995(3) is revoked in so far as it applies to Wales.

Elin Jones

Minister for Rural Affairs, one of the Welsh Ministers

5 October 2010

Article 2

SCHEDULE

Column (1)	Column (2)
Type and make of trap	Conditions
Aldrich Spring Activated Animal Snare manufacturer: Mr D Schimetz, PO Box 158, Sekiu, Washington 98381, USA.	The trap shall be used only for the purpose of killing or taking large, non-indigenous, mammalian carnivores. The trap must be used in accordance with the instructions (if any) provided by the manufacturer.
BMI Magnum 55 manufacturer: Butera Manufacturing Industries, 1068 E 134th Street, Cleveland, Ohio, USA.	The trap shall be used only for the purpose of killing or taking rats and mice. The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of injuring or killing non-target species whilst not compromising the capture and killing of target species.
BMI Magnum 110 manufacturer: Butera Manufacturing , Industries 1068 E 134th Street, Cleveland, Ohio, USA.	The trap shall be used only for the purpose of killing or taking grey squirrels, stoats, weasels, rats and mice. The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of injuring or killing non-target species whilst not compromising the capture and killing of target species.
BMI Magnum 116 manufacturer: Butera Manufacturing Industries, 1068 E 134th Street, Cleveland, Ohio, USA.	The trap shall be used only for the purpose of killing or taking grey squirrels, mink, rabbits, stoats, weasels, rats and mice. The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of injuring or killing non-target species whilst not compromising the capture and killing of target species.
DOC 150 manufacturer: the Department of Conservation, Wellington, New Zealand.	The trap shall be used only for the purpose of killing grey squirrels, rats, stoats and weasels. The trap must be set in the tunnel provided by the manufacturer of the trap for use in the UK and must be used in accordance with the instructions (if any) provided by the manufacturer.
DOC 200 manufacturer: the Department of Conservation, Wellington, New Zealand.	The trap shall be used only for the purpose of killing grey squirrels, mink, rats, stoats and weasels. The trap must be set in the tunnel provided by the manufacturer of the trap for use in the UK and must be used in accordance with the instructions (if any) provided by the manufacturer.
DOC 250 manufacturer: Department of Conservation, Wellington, New Zealand.	The trap shall be used only for the purpose of killing grey squirrels, mink, rabbits, rats, stoats and weasels. The trap must be set in the tunnel provided by the manufacturer of the trap for use in the UK and must be used in accordance with the instructions (if any) provided by the manufacturer.
Fenn Rabbit Trap Mark I manufacturer: Mr A A Fenn of FHT Works, High Street, Astwood Bank, Redditch, Worcestershire.	The trap shall be used only for the killing or taking of rabbits. The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of injuring or killing non-target species whilst not compromising the capture and killing of target species.
Fenn Vermin Trap Mark I, Vermin Trap Mark II, Vermin Trap Mark III and Vermin Trap Mark IV (Heavy Duty) manufacturer: Mr A A Fenn of FHT Works, High Street, Astwood Bank, Redditch, Worcestershire and specified in British Patent Specification No 763,891 and as illustrated in figures 1 to 3 of that Specification, and Springer No 4 Multi-purpose (Heavy Duty) manufactured by or under the authority of AB Country Products Ltd, Troy Industrial Estate, Jill Lane, Sambourne, Near Astwood Bank, Redditch, Worcestershire.	The traps shall be used only for the purpose of killing or taking grey squirrels, stoats, weasels, rats and mice. The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of injuring o killing non-target species whilst not compromising the capture and killing of target species.
Fenn Vermin Trap Mark VI (Dual Purpose) manufacturer: Mr A A Fenn of FHT Works, Hoopers Lane, Astwood Bank, Redditch, Worcestershire and specified in British Patent Specification No 763,891, and Springer No 6 Multi-purpose manufactured by or under the authority of AB Country Products Ltd, Troy Industrial Estate, Jill Lane, Sambourne, Near Astwood Bank, Redditch, Worcestershire.	The traps shall be used only for the purpose of killing or taking grey squirrels, mink, rabbits, stoats, weasels, rats and mice. The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of injuring or killing non-target species whilst not compromising the capture and killing of target species.
Fuller Trap manufacturer: Fuller Industries, Three Trees, Loxwood Road, Bucks Green, Rudgwick, Sussex.	The trap shall be used only for the purpose of killing or taking grey squirrels. The trap must be fitted with an artificial tunnel which is suitable for minimising the chances of injuring or killing non-target species whilst not compromising the capture and killing of target species.
Imbra Trap Mark I and Mark II, manufacturer: James S Low and Sons Ltd, Atholl Smithy, Atholl Street, Blairgowrie, Perthshire and specified in British Patent Specification No 682,427 and as illustrated in figures 1 to 4 of that Specification.	The traps shall be used only for the purpose of killing or taking grey squirrels, rabbits, stoats, weasels, rats and mice. The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of injuring or killing non-target species whilst not compromising the capture and killing of target species.
Juby Trap manufacturer: the Ministry of Agriculture, Fisheries and Food, Whitehall Place, London SW1 and specified in British Patent Specification No 813,066 and as illustrated in figures 1 to 3 of that Specification.	The trap shall be used only for the purpose of killing or taking grey squirrels, rabbits, stoats, weasels, rats and mice. The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of injuring or killing non-target species whilst not compromising the capture and killing of target species.
Kania Trap 2000 manufacturer: C E Kania Corporation, 124-21, 10405, Jasper Avenue, Edmonton, Alberta, Canada.	The trap shall be used only for the purpose of killing or taking grey squirrels, mink, stoats, weasels, rats and mice The trap must be fitted with an artificial tunnel which is suitable for minimising the chances of injuring or killing non-target species whilst not compromising the capture and killing of target species.
Kania Trap 2500 manufacturer: Kania Industries Inc, 63 Centennial Road, Nanaimo, British Columbia, Canada, V9R 6N6.	The trap shall be used only for the purpose of killing edible dormice (glis glis)(4), grey squirrels, mice, mink, rabbits, rats, stoats and weasels. The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of injuring or killing non-target species whilst not compromising the capture and killing of target species.
Lloyd Trap manufacturer: the National Research Corporation, and specified in British Patent Specification No 987,113 and as illustrated in figures 1 to 3 of that Specification.	The trap shall be used only for the purpose of killing or taking grey squirrels, stoats, weasels, rats and mice. The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of injuring or killing non-target species whilst not compromising the capture and killing of target species.
Nooski manufacturer: Nooski Trap Systems, PO Box 1240, 50 White Street, Rotorua, New Zealand.	The trap shall be used only for the purpose of killing rats. The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of injuring or killing non-target species whilst not compromising the capture and killing of target species.
Nooski mouse trap manufacturer: Nooski Trap Systems, PO Box 1240, 50 White Street, Rotorua, New Zealand.	The trap shall be used only for the purpose of killing mice. The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of injuring or killing non-target species whilst not compromising the capture and killing of target species.
Sawyer Trap manufacturer: James S Low and Sons Ltd, Atholl Smithy, Atholl Street, Blairgowrie, Perthshire.	The trap shall be used only for the purpose of killing or taking grey squirrels, stoats, weasels, rats and mice. The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of injuring or killing non-target species whilst not compromising the capture and killing of target species.
Skinns Superior Squirrel Trap manufacturer: E.Skinns Ltd., Witham Road, Woodhall Spa, Lincolnshire, LN10 6QX.	The trap shall be used only for the purpose of killing grey squirrels. The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of injuring or killing non-target species whilst not compromising the capture and killing of target species.
Solway Spring Trap Mk 4 manufacturer: Solway Feeders Ltd, Main Street, Dundrennan, Kirkcudbright, DG6 4QH.	The trap shall be used only for the purpose of killing edible dormice (glis glis)(5), grey squirrels, mice, rats, stoats and weasels. The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of injuring or killing non-target species whilst not compromising the capture and killing of target species.
Solway Spring Trap Mk 6 manufacturer: Solway Feeders Ltd, Main Street, Dundrennan, Kirkcudbright, DG6 4QH.	The trap shall be used only for the purpose of killing edible dormice (glis glis)(6), grey squirrels, mice, mink, rabbits, rats, stoats and weasels. The trap must be set in a natural or artificial tunnel which is suitable for minimising the chances of injuring or killing non-target species whilst not compromising the capture and killing of target species.
WCS Collarum manufacturer: Wildlife Control Supplies, LLC, PO Box 538, East Granby, CT 06026, USA.	The trap shall be used only for the purpose of restraining foxes.
WCS Tube Trap manufacturer: Wildlife Control Supplies, LLC, PO Box 538, East Granby, CT 06026, USA.	The trap shall be used only for the purpose of killing grey squirrels, mink, rats, stoats and weasels. The trap must be set in the tunnel provided by the manufacturer of the trap for use in the UK and must be used in accordance with the instructions (if any) provided by the manufacturer.

Explanatory Note

(This note is not part of the Order)

Under section 8 of the Pests Act 1954, it is an offence to use or knowingly permit the use of any spring trap other than a trap that has been approved by Order.

This Order revokes and replaces the Spring Traps Approval Order 1995 in relation to Wales. Article 2 specifies approved traps, namely those listed in column (1) of the Schedule and others which are equivalent in all respects to those so listed. The Order adds 11 types of traps to those approved under the previous Order. Conditions attached to the approval of each type of trap are specified in column (2) of the Schedule. The conditions have been amended from the previous Order to ensure a trap is set in such a way to minimise the chances of injuring or killing non-target species.

A regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.

(1)

1954 c. 68

(2)

The powers under section 8(3) and (7) of the Pests Act 1954 are devolved, in relation to Wales, to the Welsh Ministers; see the reference to the Pests Act 1954 in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), and paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(3)

S.I. 1995/2427 to which there are amendments not relevant to this Order.

(4)

See, however, section 11(2)(b) of, and Schedule 6 to, the Wildlife and Countryside Act 1981 (c. 69). By virtue of those provisions, whether or not the trap in question is approved by this Order, it is an offence to use any trap for the purpose of taking or killing any dormouse, except pursuant to a licence granted by the appropriate authority under section 16 of that Act.

(5)

See, however, section 11(2)(b) of, and Schedule 6 to, the Wildlife and Countryside Act 1981 (c. 69). By virtue of those provisions, whether or not the trap in question is approved by this Order, it is an offence to use any trap for the purpose of taking or killing any dormouse, except pursuant to a licence granted by the appropriate authority under section 16 of that Act.

(6)

See, however, section 11(2)(b) of, and Schedule 6 to, the Wildlife and Countryside Act 1981 (c. 69). By virtue of those provisions, whether or not the trap in question is approved by this Order, it is an offence to use any trap for the purpose of taking or killing any dormouse, except pursuant to a licence granted by the appropriate authority under section 16 of that Act.