The Spring Traps Approval (Wales) Order 2019 No. 18 (W. 7)

Welsh Statutory Instruments

2019 No. 18 (W. 7)

Animals, Wales

Prevention Of Cruelty

The Spring Traps Approval (Wales) Order 2019

Made

8th January 2019

Coming into force

1 February 2019

The Welsh Ministers, in exercise of the powers conferred by section 8(3) and (7) of the Pests Act 1954 M1 now vested in them M2 , make the following Order.

Marginal Citations

M1 1954 c. 68. Section 8(7) was amended by section 1(1) of, and Part 8 of Schedule 1 to, the Statute Law (Repeals) Act 1973 (c. 39).

M2 The Minister of Agriculture and Fisheries was re-named “the Minister of Agriculture, Fisheries and Food” upon the transfer to that Minister of the functions of the Minister of Food by S.I. 1955/554. The functions of the Minister of Agriculture, Fisheries and Food were transferred, so far as exercisable in relation to Wales, to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). The functions were transferred to the Welsh Ministers by section 162 of, and paragraphs 30 and 32 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

Title, commencement and application E+W

1.—(1) The title of this Order is the Spring Traps Approval (Wales) Order 2019.

(2) This Order applies in relation to Wales.

(3) This Order comes into force on 1 February 2019.

Commencement Information

I1 Art. 1 in force at 1.2.2019, see art. 1(3)

Approval of spring traps E+W

2.—(1) For the purposes of section 8(3) of the Pests Act 1954, the following spring traps are approved—

(a) a spring trap of a type and make specified in an entry in Column 1 of the Schedule; and

(b) a spring trap which is equivalent in all relevant respects to a spring trap of a type and make specified in an entry in Column 1 of the Schedule.

(2) The approvals given by paragraph (1) are subject to the conditions that—

(a) the trap must be used in accordance with the instructions (if any) provided by the manufacturer; and

(b) so far as is practicable without unreasonably compromising its use for killing or taking target species, the trap must be used in a manner that minimises the likelihood of its killing, taking or injuring non-target species;

and to such further conditions (if any) as to the animals for which, and the circumstances in which, the spring trap may be used as are specified in the corresponding entry in Column 2 of the Schedule (or, in the case of a trap approved under paragraph (1)(b), as are specified in relation to the trap to which it is equivalent for the purposes of that paragraph).

(3) For the purposes of paragraph (1)(b), 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 specified in its 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.

Commencement Information

I2 Art. 2 in force at 1.2.2019, see art. 1(3)

Revocation E+W

3.  The Spring Traps Approval (Wales) Order 2012 M3 is revoked.

Commencement Information

I3 Art. 3 in force at 1.2.2019, see art. 1(3)

Marginal Citations

M3 S.I. 2012/2941 (W. 300).

Leslie Griffiths

Minister for Environment, Energy and Rural Affairs, one of the Welsh Ministers

Article 2

SCHEDULE E+W

Commencement Information

I4 Sch. in force at 1.2.2019, see art. 1(3)

Column 1Type and make of trap	Column 2Conditions
Aldrich Spring Activated Animal Snare manufactured by or under the authority of Mr D. Schimetz, P.O. Box 158, Sekiu, Washington 98381, USA.	The trap may be used only for the purpose of taking large, terrestrial mammals of the order carnivora such as wolves.
[F1 Aurotrap manufactured by or under the authority of AUROCON Automated Rodent Control, Industrivej 35, 9600 Aars, Denmark.	The trap may be used only for the purpose of killing rats.]
BMI Magnum 55 manufactured by or under the authority of Butera Manufacturing Industries, 1068 E 134th St., Cleveland, OH, 44110-2248, USA.	M4 The trap may 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 or 6 to the Wildlife and Countryside Act 1981 ). The trap must be 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, 1068 E 134th St., Cleveland, OH, 44110-2248, USA.	The trap may only be used for the purpose of killing grey squirrels, weasels, rats, mice, other small ground vermin (except for those species listed in Schedule 5 or 6 to the Wildlife and Countryside Act 1981) and, before 1 April 2020, stoat. The trap must be set in a natural or artificial tunnel which is, in either case, suitable for the purpose.
BMI Magnum 116 manufactured by or under the authority of Butera Manufacturing Industries, 1068 E 134th St., Cleveland, OH, 44110-2248, USA.	The trap may only be used for the purpose of killing grey squirrels, mink, rabbits, weasels, rats, mice, other small ground vermin (except for those species listed in Schedule 5 or 6 to the Wildlife and Countryside Act 1981) and, before 1 April 2020, stoat. The trap must be set in a natural or artificial tunnel which is, in either case, suitable for the purpose.
DOC 150 manufactured by or under the authority of the Department of Conservation, Wellington, New Zealand.	When used in a closed-end trap configuration, the trap may be used only for the purpose of killing grey squirrels, rats, stoats and weasels. 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. When used in a run-through trap configuration, the trap may be used only for the purpose of killing rats, stoats and weasels. 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.
DOC 200 manufactured by or under the authority of the Department of Conservation, Wellington, New Zealand.	When used in a closed-end trap configuration, the trap may be used only for the purpose of killing grey squirrels, mink, rats, stoats and weasels. 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. When used in a run-through trap configuration, the trap may be used only for the purpose of killing rats, stoats and weasels. 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.
DOC 250 manufactured by or under the authority of the Department of Conservation, Wellington, New Zealand.	When used in a closed-end trap configuration, the trap may be used only for the purpose of killing grey squirrels, mink, rabbits, rats, stoats and weasels. 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. When used in a run-through trap configuration, the trap may be used only for the purpose of killing rats, stoats and weasels. 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.
Duke 116 manufactured by or under the authority of Duke Company, 508 E. Brame Avenue, West Point, MS 39773, USA.	The trap may be used only for the purpose of killing grey squirrels. The trap must be set in an artificial tunnel which is suitable for the purpose.
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 may be used only for the purpose of killing rabbits. 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. A. Fenn of FHT Works, High Street, Astwood Bank, Redditch, Worcestershire).	The trap may be used only for the purpose of killing grey squirrels, weasels, rats, mice, other small ground vermin (except for those species listed in Schedule 5 or 6 to the Wildlife and Countryside Act 1981) and, before 1 April 2020, stoat. The trap must be set in a natural or artificial tunnel which is, in either case, suitable for the purpose.
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 may be used only for the purpose of killing grey squirrels, mink, rabbits, weasels, rats, mice, other small ground vermin (except for those species listed in Schedule 5 or 6 to the Wildlife and Countryside Act 1981) and, before 1 April 2020, stoat. The trap must be set in a natural or artificial tunnel which is, in either case, suitable for the purpose.
Fuller Trap manufactured by or under the authority of Fuller Industries, Three Trees, Loxwood Road, Bucks Green, Rudgwick, Sussex.	The trap may be used only for the purpose of killing grey squirrels. The trap must be set within the housing provided by the manufacturer.
Goodnature A18 Grey Squirrel Trap manufactured by or under the authority of Goodnature Limited, [F2 8 Horner Street, Newtown, Wellington 6021,] New Zealand.	The trap may be used only for the purpose of killing grey squirrels and rats. The trap must be placed so that it can only be entered by way of an artificial tunnel which is suitable for the purpose.
Goodnature A18 Mink Trap manufactured by or under the authority of Goodnature Limited, [F2 8 Horner Street, Newtown, Wellington 6021,] New Zealand.	The trap may be used only for the purpose of killing mink. The trap must be placed so that it can only be entered by way of an artificial tunnel which is suitable for the purpose.
Goodnature A24 Pro manufactured by or under the authority of Goodnature Limited, [F2 8 Horner Street, Newtown, Wellington 6021,] New Zealand.	The trap may be used only for the purpose of killing rats and mice. The trap must be placed so that it can only be entered by way of an artificial tunnel which is suitable for the purpose.
Goodnature A24 Rat and Stoat Trap manufactured by or under the authority of Goodnature Limited, [F2 8 Horner Street, Newtown, Wellington 6021,] New Zealand.	The trap may be used only for the purpose of killing stoats, rats, weasels [F3 , mice and edible dormice (Glis glis)]. The trap must be placed so that it can only be entered by way of an artificial tunnel which is suitable for the purpose.
Kania Trap 2000 manufactured by or under the authority of Kania Industries Inc., 63 Centennial Road, British Colombia, V9R 6N6, Canada.	M5 The trap may be used only for the purpose of killing grey squirrels, mink, weasels, edible dormice (Glis glis) , rats, mice, other small ground vermin (except for those species listed in Schedule 5 or 6 to the Wildlife and Countryside Act 1981), and, before 1 April 2020, stoat. The trap must be set within the housing provided by the manufacturer.
Kania Trap 2500 manufactured by or under the authority of Kania Industries Inc., 63 Centennial Road, British Colombia, V9R 6N6, Canada.	The trap may be used only for the purpose of killing grey squirrels, mink, rabbits, weasels, edible dormice (Glis glis), rats, mice and, before 1 April 2020, stoat. The trap must be set in a natural or artificial tunnel which is, in either case, suitable for the purpose.
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 may be used only for the purpose of killing grey squirrels and rats. The trap must be placed so 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.)
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 may be used only for the purpose of killing rats and weasels. The trap must be placed so 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.)
Nooski Rat Trap manufactured by or under the authority of Nooski Trap Systems, 50 White Street, Rotorua, New Zealand.	The trap may be used only for the purpose of killing rats. The trap must be set within the housing and artificial tunnel provided by the manufacturer.
Nooski Mouse Trap manufactured by or under the authority of Nooski Trap Systems, 50 White Street, Rotorua, New Zealand.	The trap may be used only for the purpose of killing mice. The trap must be set within the housing and artificial tunnel provided by the manufacturer.
[F4 Perdix Spring Trap manufactured by or under the authority of PERDIX Wildlife Solutions Ltd, Unit 1 Hatton Rock Business Park, Hatton Rock, Stratford-Upon-Avon, Warwickshire, CV37 0BX.	The trap may be used only for the purpose of killing or taking grey squirrels, rats, stoats and weasels. The trap must be set in a natural or artificial tunnel which is, in either case, suitable for the purpose.]
Procull Trap manufactured by or under the authority of Elgeeco, 108 Downlands Way, South Wonston, Winchester, Hampshire, SO21 3HS.	The trap may be used only for the purpose of killing grey squirrels.
[F1 Quill Trap manufactured by or under the authority of Quill Productions, Manor Farm, Pulham, Dorchester, Dorset, DT2 7EE.	The trap may be used only for the purpose of killing stoats, weasels and rats. When used in a closed-end trap configuration, the trap must be set in an artificial tunnel constructed to the design specified by Quill Productions using materials suitable for the purpose. When used in a run-through trap configuration, 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.]
Skinns Superior Squirrel Trap manufactured by or under the authority of E. Skinns Ltd., Witham Road, Woodhall Spa, Lincolnshire, LN10 6QX.	The trap may be used only for the purpose of killing grey squirrels. The trap must be set in a natural or artificial tunnel which is, in either case, suitable for the purpose.
[F1 Smart Catch manufactured by or under the authority of Anticimex Innovation Center A/S, Skovgaardsvej 23E, DK-3200 Helsinge, Denmark.	The trap may be used only for the purpose of killing rats and mice.
Smart Catch Mini manufactured by or under the authority of Anticimex Innovation Centre A/S, Skovgaardsvej 23E, DK-3200 Helsinge, Denmark.	The trap may be used only for the purpose of killing rats.
Smart Pipe Long Life 110 (article number 141110), Smart Pipe Long Life 160 (article number 141160), Smart Pipe Long Life 200 (article number 141200), Smart Pipe Long Life 250 (article number 141250), and Smart Pipe Long Life 300 (article number 141300) manufactured by or under the authority of Anticimex Innovation Center A/S, Skovgaardsvej 23E, DK-3200 Helsinge, Denmark.	The trap may be used only for the purpose of killing rats. The trap must be set within a sewer, drainpipe, or similar structure.]
Solway Spring Trap Mk4 manufactured by or under the authority of Solway Feeders Ltd., Main Street, Dundrennan, Kirkcudbright, DG6 4QH.	The trap may be used only for the purpose of killing grey squirrels, weasels, edible dormice (Glis glis), rats, mice and, before 1 April 2020, stoat. The trap must be set in a natural or artificial tunnel which is, in either case, suitable for the purpose.
Solway Spring Trap Mk6 manufactured by or under the authority of Solway Feeders Ltd., Main Street, Dundrennan, Kirkcudbright, DG6 4QH.	The trap may be used only for the purpose of killing grey squirrels, mink, rabbits, weasels, edible dormice (Glis glis), rats, mice and, before 1 April 2020, stoat. The trap must be set in a natural or artificial tunnel which is, in either case, suitable for the purpose.
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 may be used only for the purpose of killing grey squirrels, weasels, rats, mice, other small ground vermin (except for those species listed in Schedule 5 or 6 to the Wildlife and Countryside Act 1981) and, before 1 April 2020, stoat. 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 may be used only for the purpose of killing grey squirrels, mink, rabbits, weasels, rats, mice, other small ground vermin (except for those species listed in Schedule 5 or 6 to the Wildlife and Countryside Act 1981) and, before 1 April 2020, stoat. The trap must be set in a natural or artificial tunnel which is, in either case, suitable for the purpose.
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 may be used only for the purpose of killing stoats, weasels [F5 , rats and grey squirrels. When used for grey squirrels, the trap must be fitted with baffles for grey squirrels supplied by the manufacturer or constructed in accordance with the manufacturer’s instructions. Baffles fitted onto a trap must be used in accordance with the manufacturer’s instructions.] The trap must be set in a natural or artificial tunnel which is, in either case, suitable for the purpose.
VS squirrel trap manufactured by or under the authority of Pescon Services, 394 York Road, Stevenage, Hertfordshire, SH1 4EN.	The trap may be used only for the purpose of killing grey squirrels. The trap must be set within the artificial tunnel provided by the manufacturer.
F6 . . .	F6 . . .
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 may be used only for the purpose of killing grey squirrels, mink, weasels, rats and, before 1 April 2020, stoat. The trap must be set within the artificial tunnel provided by the manufacturer for use in the UK.
F6 . . .	F6 . . .

Textual Amendments

F1 Words in Sch. inserted (29.9.2023) by The Spring Traps Approval (Variation) (Wales) Order 2023 (S.I. 2023/1031), arts. 1, 2(a)

F2 Words in Sch. substituted (7.7.2021) by The Spring Traps Approval (Variation) (Wales) Order 2021 (S.I. 2021/709), arts. 1, 2(a)

F3 Words in Sch. substituted (7.7.2021) by The Spring Traps Approval (Variation) (Wales) Order 2021 (S.I. 2021/709), arts. 1, 2(b)

F4 Words in Sch. inserted (7.7.2021) by The Spring Traps Approval (Variation) (Wales) Order 2021 (S.I. 2021/709), arts. 1, 2(c)

F5 Words in Sch. substituted (7.7.2021) by The Spring Traps Approval (Variation) (Wales) Order 2021 (S.I. 2021/709), arts. 1, 2(d)

F6 Words in Sch. omitted (29.9.2023) by virtue of The Spring Traps Approval (Variation) (Wales) Order 2023 (S.I. 2023/1031), arts. 1, 2(b)

Marginal Citations

M4 1981 c. 69. Schedule 5 was amended by S.I. 1991/367, 1992/2350, 1998/878, 2007/1843, 2008/431, 2008/2172 and 2011/2015.

M5 See, however, section 11(2)(b) of, and Schedule 6 to, the Wildlife and Countryside Act 1981. 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.

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 to permit the use of any spring trap, other than a trap that has been approved by Order, for animals or in circumstances for which it is not approved.

This Order revokes and replaces the Spring Traps Approval (Wales) Order 2012, which approved types of spring trap for use in Wales.

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 listed. Conditions attached to the approval of each type of trap are specified in Column 2 of the Schedule.

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).

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with this Order.