Spring Traps Approval Order (Northern Ireland) 2019 (S.R. No. 69 of 2019)

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. STATUTORY RULES OF NORTHERN IRELAND 2019 No. 69 WILDLIFE The Spring Traps Approval Order (Northern Ireland) 2019 Made - - - - 27th March 2019 Coming into operation 31st May 2019 The Department of Agriculture, Environment and Rural Affairs(1) in exercise of the powers conferred by Articles 12A(2) and 12A(3) of the Wildlife (Northern Ireland) Order 1985 (2) and having in accordance with Article 29(3) of that Order consulted the Council for Nature Conservation and the Countryside(3) and any district council or other person affected and taken into consideration any objections or representations duly received makes the following Order. Citation 1. This Order may be cited as The Spring Traps Approval Order (Northern Ireland) 2019, and shall come into operation on 31st May 2019. Approval of Spring Traps 2.—(1) Subject to paragraph (2) the following spring traps are approved for the purposes of Article 12A(3) of the Wildlife (Northern Ireland) Order 1985 — (a) any spring trap of a type and make specified in column 1 of Schedule 1; and (b) any spring trap which is equivalent in all relevant respects to a spring trap of a type and make specified in column1 of Schedule 1. (2) Paragraph (1) is subject in all cases to the following conditions — (a) the spring trap must be used in accordance with the instructions (if any) provided by the manufacturer; (b) the trap must be used in a manner that minimises the likelihood of its killing, taking or injuring non-target species, whilst not compromising the purpose for which it is being used; and (1) The Department of the Environment was dissolved by s1(9) of the Departments Act (Northern Ireland) 2016 and, by virtue of Article 8(1)(c) of the Departments (Transfer of Functions) Order (Northern Ireland) 2016, its functions for the purposes of this Order were transferred to the Department of Agriculture, Environment and Rural Affairs. (2) 1985 No.171 (N.I.2), as amended by the Wildlife and Natural Environment Act (N.I.) 2011 (c. 15) (3) The Council for Nature Conservation and the Countryside (CNCC) was established in 1989 under the provisions of the Nature Conservation and Amenity Lands (Amendment) (Northern Ireland) Order 1989. It replaced the existing Committee for Nature Conservation established under Article 5 of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985. http://www.legislation.gov.uk/id/nisi/1985/171 http://www.legislation.gov.uk/id/nia/2011/15 Document Generated: 2019-06-04 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (c) the spring traps specified in column 1 of Schedule 1 and any equivalent spring traps are subject to the conditions specified in column 2 of Schedule 1. (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 Schedule 1 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 and “equivalent spring trap” shall be construed accordingly. Traps for small ground vermin 3. The traps referred to in Schedule 2 are, for the purpose of Article 12A(2) of the Wildlife (Northern Ireland) Order 1985, specified as being adapted solely for the destruction of rats, mice or other small ground vermin. Revocation 4. The Spring Traps Approval Order (Northern Ireland) 2012(4) is revoked. Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 27th March 2019. Dave Foster A senior officer of the Department of Agriculture, Environment and Rural affairs (4) S.R. 2012 No. 25 2 http://www.legislation.gov.uk/id/nisr/2012/25 Document Generated: 2019-06-04 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. SCHEDULE 1 Article 2 Column 1 Column 2 Type and make of trap Conditions The trap shall be used only for the purpose of killing grey squirrels, rats, mice and other small ground vermin (except for those species listed in Schedule 5 and 6 of the Wildlife (Northern Ireland) Order 1985(1)). BMI Magnum 55 manufactured by or under the authority of Butera Manufacturing Industries, 1068 E 134th St., Cleveland, OH, 44110-2248, USA. The trap must be set in a natural or artificial tunnel which is, in either case, suitable for the purpose. The trap shall be used only for the purpose of killing grey squirrels, rats, mice, other small ground vermin (except for those species listed in Schedules 5 and 6 to the Wildlife (Northern Ireland) Order 1985) and, before 1st April 2020, stoat. BMI Magnum 110 manufactured by or under the authority of Butera Manufacturing Industries, 1068 E 134th St., Cleveland, OH, 44110-2248, USA. The trap must be set in a natural or artificial tunnel which is, in either case, suitable for the purpose. The trap shall be used only for the purpose of killing grey squirrels, mink, rabbits, rats, mice, other small ground vermin (except for those species listed in Schedules 5 and 6 to the Wildlife (Northern Ireland) Order 1985) and, before 1st April 2020, stoat. BMI Magnum 116 manufactured by or under the authority of Butera Manufacturing Industries, 1068 E 134th St., Cleveland, OH, 44110-2248, USA. The trap must be set in a natural or artificial tunnel which is, in either case, suitable for the purpose. Where used in a baited trap configuration, the trap may be used only for the purpose of killing grey squirrels, rats and stoats. The trap must be set in an artificial tunnel constructed to the design specified by the Department of Conservation, using materials suitable for the purpose. Where used in a run-through trap configuration, the trap may be used only for the purpose of killing rats and stoats. DOC 150 manufactured by or under the authority of the Department of Conservation, Wellington, New Zealand. The trap must be set in accordance with the manufacturer’s instructions for the run-through configuration in a natural or artificial tunnel which is, in either case, suitable for the purpose. (1) 1985 No. 171 (N.I. 2), as amended by the Wildlife and Natural Environment Act (N.I.) 2011 (c.15) () 3 http://www.legislation.gov.uk/id/nisi/1985/171 http://www.legislation.gov.uk/id/nia/2011/15 Document Generated: 2019-06-04 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Column 1 Column 2 Type and make of trap Conditions Where used in a baited trap configuration, the trap may be used only for the purpose of killing grey squirrels, mink, rats and stoats. The trap must be set in an artificial tunnel constructed to the design specified by the Department of Conservation, using materials suitable for the purpose. Where used in a run-through trap configuration, the trap may be used only for the purpose of killing rats and stoats. DOC 200 manufactured by or under the authority of the Department of Conservation, Wellington, New Zealand. The trap must be set in accordance with the manufacturer’s instructions for the run-through configuration in a natural or artificial tunnel which is, in either case, suitable for the purpose. Where used in a baited trap configuration, the trap may be used only for the purpose of killing grey squirrels, mink, rabbits, rats and stoats. The trap must be set in an artificial tunnel constructed to the design specified by the Department of Conservation, using materials suitable for the purpose. Where used in a run-through trap configuration, the trap may be used only for the purpose of killing rats and stoats. DOC 250 manufactured by or under the authority of the Department of Conservation, Wellington, New Zealand. The trap must be set in accordance with the manufacturer’s instructions for the run-through configuration in a natural or artificial tunnel which is, in either case, suitable for the purpose. The trap shall be used only for the purpose of killing grey squirrels. Duke 116 manufactured by or under the authority of Duke Company, 508 E. Brame Avenue, West Point, MS 39773, USA. The trap must be set in an artificial tunnel which is suitable for the purpose. The trap shall be used only for the purpose of killing rabbits. Fenn Rabbit Trap Mark I manufactured by or under the authority of DB Springs, Unit 1, Double Century Works, High Street, Astwood Bank, Redditch, Worcestershire, B96 6AR (previously Mr A. A. Fenn of FHT Works, High Street, Astwood Bank, Redditch, Worcestershire). The trap must be set in a natural or artificial tunnel which is, in either case, suitable for the purpose. Fenn Vermin Trap Mark IV (Heavy Duty) manufactured by or under the authority of DB Springs, Unit 1, Double Century Works, High Street, Astwood Bank, Redditch, Worcestershire, B96 6AR (previously Mr A. The trap shall be used only for the purpose of killing grey squirrels, rats, mice, other small ground vermin (except for those species listed in Schedules 5 and 6 to the Wildlife (Northern (1) 1985 No. 171 (N.I. 2), as amended by the Wildlife and Natural Environment Act (N.I.) 2011 (c.15) 4 http://www.legislation.gov.uk/id/nisi/1985/171 http://www.legislation.gov.uk/id/nia/2011/15 Document Generated: 2019-06-04 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Column 1 Column 2 Type and make of trap Conditions Ireland) Order 1985) and, before 1st April 2020, stoat. A. Fenn of FHT Works, High Street, Astwood Bank, Redditch, Worcestershire). The trap must be set in a natural or artificial tunnel which is, in either case, suitable for the purpose. The trap shall be used only for the purpose of killing grey squirrels, mink, rabbits, rats, mice, other small ground vermin (except for those species listed in Schedules 5 and 6 to the Wildlife (Northern Ireland) Order 1985) and, until 1st April 2020, stoat. Fenn Vermin Trap Mark VI (Dual Purpose) manufactured by or under the authority of DB Springs, Unit 1, Double Century Works, High Street, Astwood Bank, Redditch, Worcestershire, B96 6AR (previously Mr A. A. Fenn of FHT Works, High Street, Astwood Bank, Redditch, Worcestershire). The trap must be set in a natural or artificial tunnel which is, in either case, suitable for the purpose. The trap shall be used only for the purpose of killing grey squirrels. Fuller Trap manufactured by or under the authority of Fuller Industries, Three Trees, Loxwood Road, Bucks Green, Rudgwick, Sussex. The trap must be set within the housing providedby the manufacturer. The trap shall be used only for the purpose of killing of grey squirrels and rats. Goodnature A18 Grey Squirrel Trap manufactured by or under the authority of Goodnature Limited, 8 Horner Street, Newtown, Wellington, 6021, New Zealand The trap must be so placed that it can only beentered by way of an artificial tunnel which is suitable for the purpose, or set at a minimum height of 30cm off the ground and entered by an artificial tunnel attached to the trap and that protrudes for a distance of no less than 70mm from the trap entrance and which is suitable for the purpose. The trap shall be used only for the purpose of killing mink. Goodnature A18 Mink Trap manufactured by or under the authority of Goodnature Limited, 8 Horner Street, Newtown, Wellington, 6021, New Zealand The trap shall be so placed that it can only beentered by way of an artificial tunnel which is suitable for the purpose, or set at a minimum height of 30cm off the ground and entered by an artificial tunnel attached to the trap and that protrudes for a distance of no less than 70mm from the trap entrance and which is suitable for the purpose. The trap shall be used only for the purpose of killing rats and mice. Goodnature A24 Pro manufactured by or under the authority of Goodnature Limited, 8 Horner Street, Newtown, Wellington, 6021, New Zealand The trap must be so placed that it can only beentered by way of an artificial tunnel which is suitable for the purpose, or set at a minimum height of 30cm off the ground and entered by (1) 1985 No. 171 (N.I. 2), as amended by the Wildlife and Natural Environment Act (N.I.) 2011 (c.15) 5 http://www.legislation.gov.uk/id/nisi/1985/171 http://www.legislation.gov.uk/id/nia/2011/15 Document Generated: 2019-06-04 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Column 1 Column 2 Type and make of trap Conditions an artificial tunnel attached to the trap and that protrudes for a distance of no less than 70mm from the trap entrance and which is suitable for the purpose. The trap shall be used only for the purpose of killing stoats, rats and mice. Goodnature A24 Rat and Stoat Trap manufactured by or under the authority of Goodnature Limited, 8 Horner Street, Newtown, Wellington, 6021, New Zealand The trap must be so placed that it can only beentered by way of an artificial tunnel which is suitable for the purpose, or set at a minimum height of 30cm off the ground and entered by an artificial tunnel attached to the trap and that protrudes for a distance of no less than 70mm from the trap entrance and which is suitable for the purpose. The trap shall be used only for the purpose of killing grey squirrels, mink, rats, mice, other small ground vermin (except for those species listed in Schedules 5 and 6 to the Wildlife (Northern Ireland) Order 1985), and, before 1st April 2020, stoat. Kania Trap 2000 manufactured by or under the authority of Kania Industries Inc., 63 Centennial Road, British Colombia, V9R 6N6, Canada. The trap must be set within the housing provided by the manufacturer. The trap shall be used only for the purpose of killing grey squirrels, mink, rabbits, rats, mice and, until 1st April 2020, stoat. Kania Trap 2500 manufactured by or under the authority of Kania Industries Inc., 63 Centennial Road, British Colombia, V9R 6N6, Canada. The trap must be set in a natural or artificial tunnel which is, in either case, suitable for the purpose. The trap shall be used only for the purpose of killing grey squirrels and rats. KORO Large Rodent Double Coil Spring Snap Trap manufactured by or under the authority of Koro Traps, Box 5 Grp.22 RR2, Dugald, Manitoba, R0E 0K0, Canada. The trap must be so positioned that animals canonly enter it from the front, and set within an artificial blind tunnel which is suitable for the purpose. (The front is the side from which the letters KORO can be read face-on and the correct way up.) The trap shall be used only for the purpose of killing rats. KORO Rodent Snap Trap manufactured by or under the authority of Koro Traps, Box 5 Grp.22 RR2, Dugald, Manitoba, R0E 0K0, Canada. The trap must be so positioned that animals can only enter it from the front, and set within an artificial blind tunnel which is suitable for the purpose. (The front is the side from which the letters KORO can be read face-on and the correct way up.) (1) 1985 No. 171 (N.I. 2), as amended by the Wildlife and Natural Environment Act (N.I.) 2011 (c.15) 6 http://www.legislation.gov.uk/id/nisi/1985/171 http://www.legislation.gov.uk/id/nia/2011/15 Document Generated: 2019-06-04 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Column 1 Column 2 Type and make of trap Conditions The trap shall be used only for the purpose of killing rats. Nooski manufactured by or under the authority of Nooski Trap Systems, 50 White Street, Rotorua, New Zealand. The trap must be set within the housing and artificial tunnel provided by the manufacturer. The trap shall be used only for the purpose of killing mice. Nooski mouse trap manufactured by or under the authority of Nooski Trap Systems, 50 White Street, Rotorua, New Zealand. The trap must be set within the housing and artificial tunnel provided by the manufacturer. Procull Trap manufactured by or under the authority of Elgeeco, 108 Downlands Way, South Wonston, Winchester, Hampshire, SO21 3HS. The trap shall be used only for the purpose of killing grey squirrels. The trap shall be used only for the purpose of killing grey squirrels. Skinns Superior Squirrel Trap manufactured by or under the authority of E. Skinns Ltd., Witham Road, Woodhall Spa, Lincolnshire, LN10 6QX. The trap must be set in a natural or artificialtunnel which is, in either case, suitable for the purpose. The trap shall be used only for the purpose of killing grey squirrels, rats, mice and, before 1st April 2020, stoat. Solway Spring Trap Mk4 manufactured by or under the authority of Solway Feeders Ltd., Main Street, Dundrennan, Kirkcudbright, DG6 4QH. The trap must be set in a natural or artificial tunnel which is, in either case, suitable for the purpose. The trap shall be used only for the purpose of killing grey squirrels, mink, rabbits, rats, mice and, before 1st April 2020, stoat. Solway Spring Trap Mk6 manufactured by or under the authority of Solway Feeders Ltd., Main Street, Dundrennan, Kirkcudbright, DG6 4QH. The trap must be set in a natural or artificial tunnel which is, in either case, suitable for the purpose. The trap shall be used only for the purpose of killing grey squirrels, rats, mice, other small ground vermin (except for those species listed in Schedules 5 and 6 to the Wildlife (Northern Ireland) Order 1985) and, before 1st April 2020, stoat. Springer No. 4 Multi-purpose (Heavy Duty) manufactured by or under the authority of AB County Products Ltd., Unit 3, Wellington Works, 15 The High Street, Redditch, Worcestershire. The trap must be set in a natural or artificial tunnel which is, in either case, suitable for the purpose. Springer No. 6 Multi-purpose manufactured by or under the authority of AB County Products Ltd., Unit 3, Wellington Works, 15 The High Street, Redditch, Worcestershire. The trap shall be used only for the purpose of killing grey squirrels, mink, rabbits, rats, mice, other small ground vermin (except for those species listed in Schedules 5 and 6 to the Wildlife (1) 1985 No. 171 (N.I. 2), as amended by the Wildlife and Natural Environment Act (N.I.) 2011 (c.15) 7 http://www.legislation.gov.uk/id/nisi/1985/171 http://www.legislation.gov.uk/id/nia/2011/15 Document Generated: 2019-06-04 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Column 1 Column 2 Type and make of trap Conditions (Northern Ireland) Order 1985) and, before 1st April 2020, stoat. The trap must be set in a natural or artificial tunnel which is, in either case, suitable for the purpose. The trap shall be used only for the purpose of killing stoats and rats. Tully Trap manufactured by or under the authority of KM Pressings Ltd, 37B Copenhagen Road, Sutton Fields Industrial Estate, Hull, East Yorkshire, HU7 0XQ. The trap must be set in a natural or artificialtunnel which is, in either case, suitable for the purpose. The trap shall be used only for the purpose of killing grey squirrels. VS squirrel trap manufactured by, or under licence, from Pescon Services, 394 York Road, Stevenage, Hertfordshire, SH1 4EN. The trap must be set within the artificial tunnel provided by the manufacturer. The trap shall be used only for the purpose of taking foxes. The trap must be used in a manner so as to not contravene Article 12 of the Wildlife (Northern Ireland) Order 1985. The trap must be staked to the ground or attached to an object which will prevent it being dragged by a fox caught by it, but must not be set close to fences, obstructions, vegetation or bodies of water that may cause the animal to be suspended, entangled or drowned. The trap must be checked at least once every day at intervals of no more than 24 hours to see whether any animal is caught in it. WCS Collarum Stainless UK Fox Model manufactured by or under the authority of Wildlife Control Supplies, LLC, P.O. Box 538, East Granby, CT 06026, USA. The trap must be fitted with a stop which is capable of preventing the noose of the trap reducing in circumference to less than 23 centimetres. In other respects the trap must be free-running. The trap shall be used only for the purpose of killing grey squirrels, mink, rats and, before 1st April 2020, stoat. WCS Tube Trap International manufactured by or under the authority of Wildlife Control Supplies, LLC, P.O. Box 538, East Granby, CT 06026, USA. The trap must be set within the artificial tunnel provided by the manufacturer for use in the UK. The trap shall be used only for the purpose of killing rats. WiseTrap 110 (article number 100110 or 110110), WiseTrap 160 (article number 100160, 110160, 101160 or 111160), WiseTrap 200 (article number 100200, 110200, 101200 or The trap must be set within a sewer, drainpipe,or similar structure. (1) 1985 No. 171 (N.I. 2), as amended by the Wildlife and Natural Environment Act (N.I.) 2011 (c.15) 8 http://www.legislation.gov.uk/id/nisi/1985/171 http://www.legislation.gov.uk/id/nia/2011/15 Document Generated: 2019-06-04 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Column 1 Column 2 Type and make of trap Conditions 111200) and WiseTrap 250 (article number 101250 or 111250) manufactured by WiseCon A/S, Skovgaardsvej 25, DK-3200 Helsinge, Denmark. (1) 1985 No. 171 (N.I. 2), as amended by the Wildlife and Natural Environment Act (N.I.) 2011 (c.15) SCHEDULE 2 Article 3 1. Spring traps known as break-back traps and commonly used for the destruction of rats, mice and other small vermin. EXPLANATORY NOTE (This note is not part of the Order) This Order revokes and replaces the Spring Traps Approval Order (Northern Ireland) 2012 (S.R. 2012/25). Under Article 12A(1) of the Wildlife (Northern Ireland) Order 1985 it is an offence to use or permit 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. Article 2 specifies approved traps, namely those listed in Column 1 of Schedule 1 and others which are equivalent in all relevant respects to those so listed. Conditions attached to the approval of each type of trap are specified in Column 2 of Schedule 1. The Order adds 9 types of traps to those approved under the previous Order and 8 traps previously approved have been removed. Article 12A(1) of the Wildlife (Northern Ireland) Order 1985 does not apply to traps of any description specified by Order of the Department as being solely used for the destruction of rats, mice or other small vermin. Article 3 specifies such traps, namely those mentioned in Schedule 2 to the Order. This Order was notified in draft to the European Commission in accordance with Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ No. L 241, 17.9.2015, p.1). An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. 9 http://www.legislation.gov.uk/id/nisi/1985/171 http://www.legislation.gov.uk/id/nia/2011/15 http://www.legislation.gov.uk/id/nisr/2012/25 http://www.legislation.gov.uk/id/nisr/2012/25 http://www.legislation.gov.uk/european/directive/2015/1535 http://www.legislation.gov.uk/european/directive/2015/1535