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The Law of Snaring in Scotland: Animal Welfare Perspectives

The Law of Snaring in Scotland: Animal Welfare Perspectives. Patricia Gail Saluja. GWCT (March 2010), 1. POSSIBLE ADVERSE EFFECTS OF SNARING . Fear and distress caused by restraint, possibly involving separation from young

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The Law of Snaring in Scotland: Animal Welfare Perspectives

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  1. The Law of Snaring in Scotland:Animal Welfare Perspectives

    Patricia Gail Saluja
  2. GWCT (March 2010), 1
  3. POSSIBLE ADVERSE EFFECTS OF SNARING Fear and distress caused by restraint, possibly involving separation from young Failure of snare to act as a simple restraining device, with production of prolonged desperate struggle leading to severe injury and slow death Indiscriminate catching of non-target species including domestic pets, livestock and protected species such as badgers and otters IN AN EFFORT TO MITIGATE THESE EFFECTS SUCCESSIVE GOVERNMENTS HAVE INTRODUCED LEGISLATION TO REGULATE THE PRACTICE OF SNARING
  4. Legislation Regulating SnaringPre-devolution Wildlife and Countryside Act 1981, s. 11 & Sch. 6 Devolution: The Scotland Act 1998 Nature Conservation (Scotland) Act 2004, Sch 6, para 10 Animal Health and Welfare (Scotland) Act 2006, s. 17 Snares (Scotland) Order 2010 (SSI 2010/8) Wildlife and Natural Environment (Scotland) Act 2011, s. 13 THE KEY QUESTION: WHAT DOES ALL THIS LEGISLATION DO FOR ANIMALS?
  5. WILDLIFE AND COUNTRYSIDE ACT 1981 Created an offence for setting “any self-locking” snare “calculated” to take “any wild animal” (s.11) Created offence for setting “any trap or snare” “calculated” to take any protected wild animal included in Sch 6 (e.g. badger) (s.11) Required snares to be inspected “ at least once every day” (s. 11)
  6. BASC Scotland (2008), 3
  7. OneKind Report on Snaring (2011), 26
  8. Veterinary Times, 7 March 2011, 8
  9. Veterinary Times, 7 March 2011, 8
  10. OneKind Report on Snaring (2011), 28
  11. NATURE CONSERVATION (SCOTLAND) ACT 2004 Sch 6, para 10 Extends the scope of the legislation from “wild animals” to “any animal” Gives Scottish Ministers power to:- (1) specify further criteria which snares must meet (2) ban snares altogether Amends the 1981 Act so that an offence is committed if a snare is “likely” (rather than “calculated”) to act as self-locking or to catch a protected species. Page 1/2
  12. Nature Conservation (Scotland) Act 2004, cont’d Creates new offence of possessing a self-locking snare without “reasonable excuse” Creates new offences of sale or offering or exposing for sale of a self-locking snares or a snare of any other type prohibited by the Scottish Ministers Creates new offences of possessing or setting any snare on any land without the authorisation of the owner or occupier of the land Reduces potential restraint time from “at least once every day” to “no more than 24 hours” Page 2/2
  13. ANIMAL HEALTH AND WELFARE (SCOTLAND) ACT 2006 s. 17 Protected animals (1) In this Part, an animal is a “protected animal” if it is (b) under the control of man on a permanent or temporary basis s. 18 Responsibility for animals (1) In this Part, references to being responsible for an animal mean being responsible for it on a permanent or temporary basis. (5) For the purposes of this Part, a person does not relinquish responsibility for an animal by reason only of abandoning it. Page 1/2
  14. Animal Health and Welfare (Scotland) Act 2006, cont’d s. 19 Unnecessary suffering (1)-(3) Create offences for causing “unnecessary suffering” of a protected animal by an “act” (in the case of any person) or by an “act oromission” in the case of a person responsible for the animal. (4) Sets out the considerations to which regard is to be had in determiningwhether suffering is “unnecessary” (5) This section does not apply to the destruction of an animal in an appropriate and humane manner Page 2/2
  15. SNARES (SCOTLAND) ORDER 2010 SSI 2010/8 (came into force 11 March 2010) Obligation to check for free-running action at least once every 24 hours (if not free-running, must rectify or remove) Specifications for snare stops Specifications for snare anchors Location requirements
  16. OneKind Report on Snaring (2011), 34
  17. The main components of a legal snare. DEFRA (www.defra.gov.uk)
  18. OneKind Report on Snaring (2011), 29
  19. WILDLIFE AND NATURAL ENVIRONMENT (SCOTLAND) ACT  2011(‘WANE’ (Scotland) Act 2011) s. 13 Snares Repeats the provisions of the Snares (Scotland) Order 2010 Sets out new rules which are to be overseen by the Chief Constable Creates offences for failure to comply. The rules cover the following Compulsory training of persons who set snares Provision of identification numbers to persons who set snares Identification tagging of snares Compulsory record-keeping of exact location of snares, types of animals caught and dates when they were caught Page 1/2
  20. WANE Act, cont’d And, most importantly for the law of snaring A novel feature ……. Specifies requirements for accountability of Scottish Ministers to the Scottish Parliament on the practice of snaring. Page 2/2
  21. What is to be done? Advocates for Animals (2010)
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