The points I have raised with defra are - in relation to mole control by trap use- the traps are exempt from any trap laws according to defra- however one trap employs a wire loop that upon release reduces in size around the body of the animal- this is described in the English dictionary as a snare- but defra say it would be down to the person using it to decide what they considered it - if a snare then laws for snares will apply - if they consider it a trap then laws to traps would apply - in the case of mole traps there are none, they advise that it would be for the courts to decide as there is no legal definition to this as to date
also that they say that it would be down to the courts to decide if a case came to court whether the not inspecting a mole trap - in line with other traps used in animal management on a daily basis that possible unnecessary suffering may have been caused
And the last point was a trap that has two tines that close around the body of the mole - tines in the dictionary are described as found on a fork to impale or pierce so the intent is to impale or stab the mole which is a mammal and therefore is this trap illegal under the mammal act which says it is an offence to stab impale or pierce a mammal
in a court of law would the trap with a wire loop be considered a snare
would not checking a mole trap on a daily basis be considered an offence under the animal welfare act as the intent is to cause possible unnecessary suffering
is a trap that intent is to impale illegal for use against a mammal even the mole
Jo thanks for this
the wire loop on the trap that you consider is a locking snare- would this make it illegal to use ?
I thought that the animal welfare act includes any animal under the control of man so as defra keep saying would a court of law consider not checking a trap as an offence if it was found that a mole was caught unintentionally alive in a kill trap
the trap with the tines that close around the body come with instructions that state that the trap should be tied down to prevent the caught mole dragging it down the tunnel- this would create the effect of a mole like a fish on a hook fighting the trap which is holding it by these two tines- so the instructions clearly indicate that the mole will be caught alive
could you just clarify these points
I'm not sure what you mean by the second point? Obviously this isn't a trap that harms the animal in terms of actual impact but it is possible to argue that being kept in a trap for a lengthy period of time would harm the animal in terms of stress.
Yes the trap employs two tines one each side that close around the body - it is then held until stress, starvation or dehydration will set in- I have studied the time for irreversible un consciousness and this seems a cruel trap as the impact will hold - hence the instructions that come to say tie the trap down as the mole will drag it away still wrapped in it- this cannot be acceptable and must be an illegal trap to use or even sell can you confirm that this is an illegal trap
Thank you for your advice on this - can I return to you with further points on this when I get my reply from defra on the issue I raised