PLANNING AND ENVIRONMENT DEPARTMENT
ENVIRONMENT DIVISION
Animals (trapping) (jersey) Law 1961 and
conservation of wildlife (jersey) law 2000
Purpose of the Report
The purpose of this report is to ask the Minister:
- to approve:
- the proposal to make an Order listing the Larsen Trap as an approved trap under the Animals (Trapping) (Jersey) Law 1961 [“the Trapping Law”]as amended;
- the issue of a general licence under the Conservation of Wildlife (Jersey) Law 2000 [“the Wildlife Law”] regulating the use of the Larsen Trap;
- to authorise the drafting of the ‘Larsen Traps (Approval)(Jersey) Order 2011’.
Background and discussion
The Larsen trap is a type of live catch trap which is used to capture members of the corvid family, principally magpies and crows. A “decoy” bird is kept in one compartment of the cage, and when another bird lands on top, it falls through a one-way gate. A Larsen trap, if used properly, does not cause bodily injury to either the decoy or captured bird and also should be sufficiently large for the bird to extend its wings.
The Department has limited information on the reasons for the use of the Larsen Trap or on the scale of usage in the island. Magpies are widely considered as pests, principally by the farming community, due to their scavenging and predatory behaviour. They are also known to prey on eggs and nestlings but suggestions that they are the sole predatory species responsible for the general decline in songbirds have not been proven.
Magpies (Pica pica) and carrion crows (Corvus corone) are not protected under the Wildlife Law whereas other members of the corvid family are protected.
During 2010 over five reported sightings of Larsen Traps in use have been received by the Department this year and further enquiries have indicated that the illegal use of the traps may be widespread in the island by licensed pest controllers and private individuals. The Department has scant information on reasons for use or indeed whether the traps are being used appropriately.
The unlawful use of the Larsen Trap needs to be addressed, either by prosecuting current users for non-compliance or by amending the Law so that the possession sale and use of the Larsen Trap can be regulated.
Current Legal Status in Jersey
Live cage traps are not currently listed as an approved trap under the Trapping Law. Article 2 of the Trapping Law states that a person shall not use, sell or possess any trap, unless either the trap is listed as an approved trap or a licence has been issued to the user.
Article 9 of the Wildlife Law states that a person may not use a trap of any nature to kill or take any species of wild bird (whether a protected species or not), without the appropriate licence issued under this Law to do so.
Licences may only be issued under this Law where it can be shown that there is no other satisfactory solution and that anything authorised by the licence will not be detrimental to the survival of the population concerned.
Discussion
Professional advice regarding cage trapping
The Royal Society for the Protection of Birds (RSPB) does not oppose the legal control of magpies through the use of Larsen Traps, provided that their use is regulated and that adequate justification can be found. This view is supported by the ornithological section of La Société Jersiaise (see schedule 1).
Licensing
In England the possession of live cage traps is legal but the traps may only be used in accordance with an open general licence issued under the Countryside and Wildlife Act 1981. This type of licence specifies the terms and conditions pertaining to its use but does not carry with it any registration or reporting requirements by the user.
Enforcement approach
It is apparent that the general public and including licensed pest controllers may not be aware that the possession and use of the Larsen Trap is against the law. The process to find and prosecute all existing users is likely to be difficult and unpopular and weigh heavily on departmental resources.
It is considered that strict enforcement of the Law is likely to prove counter productive and will probably be unsuccessful, unless it can be clearly demonstrated that people were given every opportunity to licence or register their use.
It is proposed that it will be more productive to issue an open general licence authorising the use of the Larsen Trap subject to certain terms and conditions stated in the licence. Annual reporting will be required
Article 4 of the Animal Welfare (Jersey) Law 2004 prohibits cruelty and unnecessary suffering to an captive animal.
Article 3 of the Trapping Law states that the user of an approved trap must ensure that the trap is inspected at reasonable intervals of time and at least once every day between sunrise and sunset.
Conclusion
It is considered that the above licensing approach will be more productive than seeking to prosecute existing users for non-compliance with the Law. However the penalties for not conforming to the conditions of the general licence are still available in the case of refusal to comply with the law.
Proposed Action
The Department wishes to:
- Make an Order under the Trappings Law to add the Larsen Trap as an approved trap to catch magpies and crows only. The proposed Order will state that the Larsen Trap may be used only in accordance with an open general licence issued under the Wildlife Law.
- Issue an open general licence under the Wildlife Law as attached hereto as a second schedule, subject to the terms and conditions contained therein.
- That there would be publicity and 12 months ‘grace period’ for users to register their traps.
- That traps are used on the condition that they are labelled with the owners name and address.
Recommendation
That the Minister approves the proposals given above.
Written by | L Napton, (Natural Environment Officer - Legislation) |
Approved by | D Houseago (Director, Environmental Management and Rural Economy) |
Attachments:
- Open General Licence
- Supporting correspondence
Ministerial Decision ref:
gov.je