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Statutory Rules of Northern Ireland

1996 No. 515

ANIMALS

Spring Traps Approval Order (Northern Ireland) 1996

Made

30th October 1996

Coming into operation

20th November 1996

The Department of Agriculture, in exercise of the powers conferred on it by section 21(1), (2) and (4) of the Welfare of Animals Act (Northern Ireland) 1972(1) and of every other power enabling it in that behalf, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Spring Traps Approval Order (Northern Ireland) 1996 and shall come into operation on 20th November 1996.

Approval of spring traps

2.—(1) For the purposes of section 21(2) of the Welfare of Animals Act (Northern Ireland) 1972, 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

(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) 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.

Revocation

3.  The Spring Traps Approval Order (Northern Ireland) 1961(2) is hereby revoked.

Sealed with the Official Seal of the Department of Agriculture on 30th October 1996.

L.S.

P. T. Toal

Assistant Secretary

Article 2

SCHEDULE

Column 1Column 2
Type and make of trapConditions
Aldrich Spring Activated Animal Snare manufactured by or under the authority of Mr. D. Schimetz, PO Box 158, Sekiu, Washington 98381, USA.The trap shall be used only for the purpose of killing of taking large, non-indigenous, mammalian carnivores.
BMI Magnum 55 manufactured by or under the authority of Butera Manufacturing Industries, 2395 Lynn Drive, Willoughby Hills, Ohio 44092, USA.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 to the Wildlife (Northern Ireland) Order 1985(3)) and set in a natural or artificial tunnel which is, in either case, suitable for the purpose.
BMI Magnum 110 manufactured by or under the authority of Butera Manufacturing Industries, 2395 Lynn Drive, Willoughby Hills, Ohio 44092, USA.The trap shall be used only for the purpose of killing or taking stoats, rats, mice and other small ground vermin (except for those species listed in Schedules 5 and 6 to the Wildlife (Northern Ireland) Order 1985) and set in a natural or artificial tunnel which is, in either case, suitable for the purpose.
BMI Magnum 116 manufactured by Butera Manufacturing Industries, 2395 Lynn Drive, Willoughby Hills, Ohio 44092, USA.The trap shall be used only for the purpose of killing or taking mink, rabbits, stoats, rats, mice and other small ground vermin (except for those species listed in Schedules 5 and 6 to the Wildlife (Northern Ireland) Order 1985) and set in a natural or artificial tunnel which is, in either case, suitable for the purpose.
Fenn Vermin Trap Mark I, Vermin Trap Mark II, Vermin Trap Mark III and Vermin Trap Mark IV (Heavy Duty) manufactured by or under the authority of Mr. A. A. Fenn of FHT Works, Hoopers Lane, 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 County Products Ltd., Troy Industrial Estate, Jill Lane, Sambourne, Near Ashwood Bank, Redditch, Worcestershire.The traps shall be used only for the purpose of killing or taking stoats, rats, mice and other small ground vermin (except for those species listed in Schedules 5 and 6 to the Wildlife (Northern Ireland) Order 1985) and set in natural or artificial tunnels which are, in either case, suitable for the purpose.
Fenn Vermin Trap Mark VI (Dual Purpose) manufactured by or under the authority of 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 Troy Industrial Estate, Jill Lane, Sambourne, Near Ashwood Bank, Redditch, Worcestershire. Fenn Rabbit Trap Mark I manufactured by or under the authority of Mr. A. A. Fenn of FHT Works, Hoopers Lane, Astwood Bank, Redditch, Worcestershire. Imbra Trap Mark I and Mark II, both manufactured by or under the authority of 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. Juby Trap manufactured under the authority of the Ministry of Agriculture, Fisheries and Food, Whitehall Place, London SW1 and specified in BritishThe traps shall be used only for thee purpose of killing or taking mink, rabbits, stoats, rats, mice and other small ground vermin (except for those species listed in Schedules 5 and 6 to the Wildlife (Northern Ireland) Order 1985) and set in natural or artificial tunnels which are, in either case, suitable for thauthority of AB County Products Ltd., The trap shall be used only for the killing or taking of rabbits and set in a natural or artificial tunnel which is, in either case, suitable for the purpose. The traps shall be used only for the purpose of killing or taking rabbits, stoats, rats, mice and other small ground vermin (except for those species listed in Schedules 5 and 6 to the Wildlife (Northern Ireland) Order 1985) and set in natural or artificial tunnels which are, in either case, suitable for the purpose. The trap shall be used only for the purpose of killing or taking rabbits, stoats, rats, mice and other small ground vermin (except for those species listed in purpose.
Patent Specification No. 813,066 and as illustrated in figures 1 to 3 of that Specification.Schedules 5 and 6 to the Wildlife (Northern Ireland) Order 1985) and set in a natural or artificial tunnel which is, in either case, suitable for the purpose.
Kania Trap 2000 manufactured by or under the authority of the 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 mink, stoats, rats, mice and other small ground vermin (except for those species listed in Schedules 5 and 6 to the Wildlife (Northern Ireland) Order 1985) and fitted with an artificial tunnel which is suitable for the purpose.
Lloyd Trap manufactured under the authority of 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 stoats, rats, mice and other small ground vermin (except for those species listed in Schedules 5 and 6 to the Wildlife (Northern Ireland) Order 1985) and set in a natural or artificial tunnel which is, in either case, suitable for the purpose.
Sawyer Trap manufactured by or under the authority of 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 stoats, rats, mice and other small ground vermin (except for those species listed in Schedules 5 and 6 to the Wildlife (Northern Ireland) Order 1985) and set in a natural or artificial tunnel which is, in either case, suitable for the purpose.

Explanatory Note

(This note is not part of the Order.)

This Order revokes and replaces the Spring Traps Approval Order (Northern Ireland) 1961.

Article 2 specifies approved traps, namely those listed in column 1 of the Schedule and others which are equivalent in all relevant respects to those so listed. The list of approved traps has been extended and the conditions attached to the approval of traps have been amended so as to ensure that no trap could operate as a leghold trap as defined in Article 1 of Council Regulation (EEC) 3254/91 (O.J. No. L308, 9.11.91, p. 1) prohibiting the use of leghold traps in the Community and the introduction into the Community of pelts and manufactured goods of certain wild animal species originating in countries which catch them by means of leghold traps or trapping methods which do not meet international humane trapping standards.

Any person who uses or permits the use of, for the purpose of killing or taking animals, any spring trap other than an approved trap or uses or permits the use of an approved trap for animals for which it is not approved or sells or exposes or offers for sale any spring trap other than an approved trap with a view to its being used for an unlawful purpose, or has in his possession any spring trap for an unlawful purpose, shall be guilty of an offence of cruelty within the meaning of Part III of the Welfare of Animals Act (Northern Ireland) 1972. A person guilty of such an offence under that section is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale (currently £5,000) or to both.