2019 No. 22

Wildlife

The Humane Trapping Standards Regulations 2019

Made

Coming into force

The Secretary of State and the Welsh Ministers are Ministers designated for the purposes of section 2(2) of the European Communities Act 19721 in relation to wild animals2.

The Secretary of State, in relation to England and Scotland3, and the Welsh Ministers in relation to Wales, make these Regulations in exercise of the powers conferred by section 2 of that Act.

PART 1Introductory provisions

Citation, commencement and extent1

1

These Regulations may be cited as the Humane Trapping Standards Regulations 2019 and come into force on 28th March 2019.

2

These Regulations, with the exception of regulation 8, extend to Great Britain.

3

Regulation 8 extends to Scotland only.

PART 2Amendment of the Wildlife and Countryside Act 1981

Amendments2

The Wildlife and Countryside Act 19814 is amended in accordance with regulations 3 to 6.

Amendment of section 113

1

Section 11 (prohibition of certain methods of killing or taking wild animals)5 is amended as follows.

2

For subsection (2) substitute—

2

Subject to the provisions of this Part, a person shall be guilty of an offence if that person—

a

uses any trap or snare for the purpose of killing or taking or restraining any wild animal included in Schedule 6 or 6ZA;

b

sets in position any trap or snare of such a nature and so placed as to be—

i

in England and Wales, calculated to cause bodily injury to any wild animal included in Schedule 6 or 6ZA;

ii

in Scotland, likely to cause bodily injury to any such wild animal;

c

sets in position any electrical device for killing or stunning, or any poisonous, poisoned or stupefying substance, of such a nature and so placed as to be—

i

in England and Wales, calculated to cause bodily injury to any wild animal included in Schedule 6;

ii

in Scotland, likely to cause bodily injury to any such wild animal;

d

uses for the purpose of killing or taking any wild animal included in Schedule 6—

i

any electrical device for killing or stunning;

ii

any poisonous, poisoned or stupefying substance;

iii

any net;

iv

any automatic or semi-automatic weapon;

v

any device for illuminating a target or sighting device for night shooting;

vi

any form of artificial light or any mirror or other dazzling device;

vii

any gas or smoke not falling within sub-paragraph (ii);

viii

any sound recording used as a decoy; or

ix

any mechanically propelled vehicle in immediate pursuit of any such animal;

e

uses any mechanically propelled vehicle for the purpose of driving any wild animal included in Schedule 6; or

f

knowingly causes or permits to be done an act mentioned in paragraphs (a) to (e).

3

In subsection (5), for “(2)(b), (c), (d) or (e)” substitute “(2)(a), (d) or (e)”.

4

In subsections (6) and (7)—

a

for “subsection (2)(a)” substitute “subsection (2)(b) or (c)”;

b

for “Schedule 6” substitute “the relevant Schedule”.

5

After subsection (7), insert—

7A

In subsections (6) and (7), “the relevant Schedule” means—

a

where proceedings relate to an offence under subsection (2)(b), Schedule 6 or 6ZA;

b

where proceedings relate to an offence under subsection (2)(c), Schedule 6.

Amendment of section 164

In section 16 (power to grant licences)6, after subsection (3) insert—

3ZA

A licence granted under subsection (3) may permit the use of a trap or snare for the purpose of killing, taking or restraining a wild animal included in Schedule 6ZA only if the trap or snare—

a

meets the conditions relating to certification (see subsections (3ZB) to (3ZF)); or

b

meets the approved design conditions (see subsections (3ZG to (3ZI)).

This subsection is subject to (3ZJ).

3ZB

For the purposes of subsection (3ZA)(a) the conditions relating to certification are that—

a

the trap or snare is of a certified type and make;

b

the manufacturer of the trap or snare provides instructions as to how it should be set, operated safely and maintained; and

c

where it is manufactured on or after 28th March 2019, the trap or snare is identified by its manufacturer by means of a permanent marking as being of a certified type and make.

3ZC

For the purposes of subsection (3ZB)(b), instructions provided by the supplier of a trap or snare with the authorisation of the manufacturer of that trap or snare are to be treated as provided by the manufacturer.

3ZD

For the purposes of this section, a type and make of trap or snare is “certified” in relation to a wild animal included in Schedule 6ZA if it is certified by or on behalf of any of the following authorities as conforming (where the trap or snare is set in accordance with any instructions provided by the manufacturer) to the standards set out in the international trapping standards agreement in relation to the trapping of that animal—

a

the Secretary of State;

b

the Welsh Ministers;

c

the Scottish Ministers;

d

in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs7;

e

an authority in another country or territory which is designated for the purposes of the international trapping standards agreement as a certifying authority.

3ZE

The relevant authority shall—

a

publish in such manner as it considers appropriate a list of all traps and snares of a certified type and make of which it is aware; and

b

make the list available to anyone who asks for it in in writing8.

3ZF

For the purposes of subsection (3ZE), “the relevant authority” means—

a

in relation to England, the Secretary of State;

b

in relation to Wales, the Welsh Ministers;

c

in relation to Scotland, the Scottish Ministers.

3ZG

For the purposes of subsection (3ZA)(b) a trap or snare meets the approved design conditions if it—

a

has been constructed by the person using it; and

b

complies with a design approved for this purpose by or on behalf of the Secretary of State (where it is used in England or Scotland) or the Welsh Ministers (where it is used in Wales).

3ZH

The relevant authority must—

a

publish in such manner as it considers appropriate details of the design of a trap or snare approved in accordance with subsection (3ZG)(b); and

b

make the details available to anyone who asks for them in writing9.

3ZI

In subsection (3ZH), “the relevant authority” means—

a

the Secretary of State, for designs of traps or snares approved for use in England;

b

the Welsh Ministers, for designs of traps or snares approved for use in Wales;

c

the Scottish Ministers, for designs of traps or snares approved for use in Scotland.

3ZJ

Subsection (3ZA) does not apply where the licence—

a

is granted in accordance with any of paragraphs (a) to (d) or paragraphs (f) to (h) of subsection (3) and is subject to such conditions as the appropriate authority considers appropriate when granting the licence;

b

does not, in the opinion of the appropriate authority, undermine the objectives of the international trapping standards agreement; and

c

is accompanied by a written explanation of the reasons for that opinion and for the grant of the licence.

3ZK

In this section “the international trapping standards agreement” means the Agreement on international humane trapping standards between the European Community, Canada and the Russian Federation10.

Amendment of section 225

In section 22 (power to vary Schedules), at the end insert—

6

The Secretary of State may, for the purpose of complying with the international trapping standards agreement, by order add any animal to, or remove any animal from, Schedule 6ZA.

7

In subsection (6), “the international trapping standards agreement” has the meaning given by section 16(3ZK).

New Schedule 6ZA6

After Schedule 6 to that Act, insert, as Schedule 6ZA to that Act, the Schedule set out in the Schedule to these Regulations.

PART 3Amendment of other legislation

Amendment of the Pests Act 19547

In section 8 of the Pests Act 1954 (restriction on type of trap in England and Wales)11—

a

after subsection (3), insert—

3A

An order made under subsection (3) may not specify any type or make of trap as approved if the trap is a leghold trap.

b

after subsection (8), insert—

8A

In subsection (3A), “leghold trap” means a device designed to restrain or capture an animal by means of jaws which close tightly upon one or more of the animal’s limbs, thereby preventing withdrawal of the limb or limbs from the trap.

Amendment of the Agriculture (Scotland) Act 19488

In section 50 of the Agriculture (Scotland) Act 1948 (prohibition of night shooting, and use of spring traps)12—

a

in subsection (4), for “the next following subsection” substitute “subsections (4A) and (5)”;

b

after subsection (4) insert—

4A

An order made under subsection (3) may not specify any type or make of trap as approved, and an order made under subsection (4) may not authorise the use of any trap, where the trap is a leghold trap.

c

in subsection (5) for “the last foregoing subsection”, in both places where it occurs, substitute “subsection (4)”; and

d

after subsection (8) insert—

9

In subsection (4A), “leghold trap” means a device designed to restrain or capture an animal by means of jaws which close tightly upon one or more of the animal’s limbs, thereby preventing withdrawal of the limb or limbs from the trap.

PART 4Transitional provision

Transitional provision9

Until 1st April 2020, Schedule 6ZA to the Wildlife and Countryside Act 1981, as set out in the Schedule to these Regulations, has effect as if the entry in respect of Mustela erminea (Stoat) were omitted.

Thérèse CoffeyParliamentary Under Secretary of StateDepartment for Environment, Food and Rural Affairs
Lesley GriffithsMinister for Environment, Energy and Rural Affairs,one of the Welsh Ministers

SCHEDULESchedule to be inserted as Schedule 6ZA to the Wildlife and Countryside Act 1981

Regulation 6

SCHEDULE 6ZAAnimals which may not be killed or taken by trapping or snaring

Section 11(2)

Common name

Scientific name

Badger

Meles meles

Beaver, European

Castor fiber

Marten, Pine

Martes martes

Otter, Common

Lutra lutra

Stoat (otherwise known as Ermine)

Mustela erminea

NOTE. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Wildlife and Countryside Act 1981 (c. 69) (“the Act”) in order to implement in Great Britain requirements contained in the Agreement on international humane trapping standards concluded between the European Community, the Government of Canada and the Government of the Russian Federation (“the Agreement”)13.

The Regulations restate the existing prohibitions in section 11 of the Act (animals which may not be killed or taken by certain methods) in relation to the animals listed in Schedule 6, without substantively adding to them. They introduce a prohibition on using or setting in position any trap or snare for the purpose of killing or taking the Stoat (otherwise known as the Ermine) or the European Beaver. The European Beaver and the Stoat are protected under the Agreement together with the Badger, which is already listed in Schedule 6 to the Act as it applies to England, Wales and Scotland; and the Otter and the Pine Marten, which are already listed in Schedule 6 to the Act as it applies to England and Wales. All five species are now also listed in Schedule 6ZA (animals which may not be killed or taken by trapping or snaring).

The prohibitions in section 11(2)(a) and (b) (as revised) (relating to using or setting in position a trap or snare) do not apply in relation to any animal specified in Schedule 6ZA where the use or setting of the trap is under and in accordance with a licence issued by Natural England, the Natural Resources Body for Wales or Scottish Natural Heritage (as the case may be), and the trap or snare is of a certified type and make and other conditions relating to certification are complied with, or is constructed by the person using it and complies with a design approved by the Secretary of State or the Welsh Ministers (as the case may be) (see section 16(3) together with new 16(3ZA) of the Act). This is subject to the exemption in new section 16(3ZJ) of the Act relating to the grant of individual licences, where in the opinion of the appropriate authority the licence does not undermine the objectives of the Agreement. For this purpose, a trap or snare is one of a certified type and make if its type and make are certified as conforming, when used in accordance with any instructions provided by the manufacturer, to the humane trapping standards set out in Annex 1 to the Agreement.

The Regulations contain a transitional provision, by virtue of which the requirement in new section 16(3ZA) does not apply to Stoat until 1st April 2020.

The Regulations also amend section 8 of the Pests Act 1954 (c. 68), and section 50 of the Agriculture (Scotland) Act 1948 (c. 45), so as to prevent the Minister and the Scottish Ministers, respectively, from approving or authorising the use of a leghold trap in an order made under those sections. This is consequential on the prohibition on the use of leghold traps contained in Council Regulation (EEC) No. 3254/91 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 trapping standards14.

A full impact assessment of the effect this instrument will have on the costs of business and on the private, voluntary or public sectors is available at www.gov.uk and is annexed to the Explanatory Memorandum which is available alongside the instrument at www.legislation.gov.uk.