Dáil Éireann Debate, Tuesday - 5 March 2024
391. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage if an animal trap for rats and mice (details supplied) is unlawful under the Wildlife Act, 1976 (Approved Traps, Snares and Nets) Regulations 2003 and if so, what action his Department is taking against those selling or using them in Ireland. [10038/24]
View answerThe legality or otherwise of traps used against wildlife is not determined by reference to a list of certain brands or individual traps. S.I. No. 620/2003 - Wildlife Act 1976 (Approved Traps, Snares and Nets) Regulations 2003 sets down the following general specifications in relation to traps:
"The following traps, snares and nets are declared to be approved of for the purposes of section 34 of the Act of 1976, as amended by section 42 of the Act of 2000
(a)(i) a cage or net trap designed to capture alive wild birds or wild animals, and
(ii) a spring trap which is not a gin trap and which is designed to secure either-
(I) the immediate death, or
(II) the immediate unconsciousness and subsequent death without intervening consciousness
, of wild birds or wild animals which it is designed to trap,...”
Under section 34 (1) of the Wildlife Act, there are significant restrictions on the use of traps against wild animals.
An exception to this is set down in section 34 (2) which disapplies section 34 (1) of the Act where the trap “is used pursuant to a statute (other than this Act) or statutory instrument, which is permitted to be done under such a statute or instrument or which is done pursuant to and in accordance with a licence or other permission granted or issued pursuant to such a statute or instrument or anything caused by or which results from, or is consequent upon or the effect of any other act or thing which is lawfully done.” Where these circumstances apply, the use of traps is not considered unlawful.
