Cage Traps and the Law

General Licence 33 (GL33) which runs from January 2023 and is valid until December 2023 says that a trap must be of one of the following permitted designs:

• walk in multi-catch cage trap
• Larsen trap
• Larsen mate trap – also known as a clam trap
• Larsen pod trap
• pigeon trap

No other type of trap can be used under the terms of GL33.

Traps must be set in a location that minimises the likelihood of:

• All ‘non-target species’ caught in a cage trap must be released UNHARMED immediately upon discovery.
  
• At each inspection any dead animal, including any dead bird, caught in the trap should be removed from it.
• Any birds killed in accordance with the general licences must be killed in a quick and humane manner (in Wales the general licences require that any bird held captive before being killed must be killed out of sight of other captive birds). In England a separate licence issued by Natural England is required to shoot a trapped bird.
• In Scotland each trap must carry a sign that gives the operator’s ID number and the number of the local police station or the Wildlife Crime Officer for the area.

Yes, particularly Section 4 of the Animal Welfare Act 2006 which prohibits ‘unnecessary suffering’.

In its ‘Wildlife Management Advice Note‘ (published in 2010 and revised in April 2019), Natural England says of the Animal Welfare Act 2006 that “Although the Act focuses on domestic animals, it also applies to wild animals while they are being held captive”.

They specifically use the example of birds caught in cage traps (though it equally applies to eg snares), stating that “Under the Animal Welfare Act, leaving an animal in a cage trap without food, water or shelter for a period of time, so causing it to suffer unnecessarily, may be an offence,
especially if the period of time it was left untended exceeded that of any relevant licence conditions or guidelines.”

Larsen Mate or Clam Traps are widely used by gamekeepers on shooting estates to trap corvids.

They are a “portable, single-compartment, spring-operated cage trap. It comprises 2 shell sections hinged along one edge connected by one or more springs and kept open by a split-rod or trip-perch”.

General Licence 33 specifically says that:

• When open (set) the minimum distance between any 2 corners of the trap must be 39cm but not exceed the size required to humanely capture the largest target species.
• The trap must not shut tightly along the majority of the length of the meeting edges, to avoid injuring the animal when it closes.

The latter issue was documented on the notorious Moscar Estate by Moorland Monitors in May 2023 when they recorded a Carrion Crow pinned in a clam trap after it closed across the bird. This would have undoubtedly caused such an intelligent bird stress and suffering, and is not legal under the Animal Welfare Act as once caught the bird becomes the responsibility of the trap operator who  (ironically)must ensure the bird’s welfare before shooting it or clubbing it to death.

When in use, traps must be physically inspected at least every 25 hours.

You must only set traps if you are confident they will be inspected within the required period. For example, if inspection every 25 hours will not be possible because of predicted severe weather, you must not set the trap.

If unforeseen circumstances mean the trap cannot be inspected, you must make every effort to have the trap inspected as soon as possible.

‘Physically inspected’ means an inspection that is sufficient to check if:

• any animal has been trapped – including the identification and physical condition of the trapped animal.
• any decoy bird held within the trap is in good health.
• there is food and water in sufficient quantity and condition.
• the trap is operating effectively.

To make a ‘sufficient’ physical inspection an operator needs to have a clear view of all parts of the trap and its contents. This would normally require them to be close enough to touch the trap.

At each inspection, an operator must without unnecessary delay:

• humanely dispatch trapped target species, unless they are to be kept as decoys.
• release, take or humanely dispatch trapped non-target species as appropriate.
• remove any dead animals caught in the trap – other than food supplied for a decoy bird.
• ensure that any caught bird that remains in a trap as a decoy bird has access to the facilities required for a decoy bird.

An operator must ensure the welfare of animals caught in their trap. If an animal suffers, an operator may have committed an offence of causing unnecessary suffering.

In Scotland when any trap is not in use it must be immobilised and rendered incapable of use.

• When any multi-catch cage trap is not in use access doors must be removed or securely padlocked so that no bird can be confined. Any other traps, when not in use, must be rendered incapable of catching any birds or animals by either removing from the site or securing shut with a padlock. Any Larsen mate or Larsen pod trap must be firmly pegged or staked down or tethered prior to use so that it cannot be moved should a non-target animal be caught.

In Wales when any cage trap is not in use it must be immobilised and rendered incapable of use in such a way that the immobilisation could not be reversed without considerable foresight and difficulty.

• In order to render any cage traps incapable of holding or catching birds or other animals, it’s necessary to either secure the door in a fully open or closed position, secured with a padlock, or to remove the door completely. When any Larsen trap is not in use, it shall be removed from site and stored in such a manner as to prevent its accidental use.

In England when a cage trap is not in use it must be rendered incapable of holding or catching birds or other animals (but unlike in Scotland does not have to be padlocked open).

Government advice starts (tellingly) by appearing to acknowledge that the general public don’t like traps and says that an operator should avoid setting a trap in view of people using any areas they have a right of access to. If this is not possible, it advises useing signs to indicate it is a trap operated under a wildlife licence, to deter what it calls ‘human interference’.

• Operators should avoid setting a trap where livestock or domestic animals are likely to interfere with it, causing injury to themselves or any animal in the trap.
• Operators should avoid setting a trap during periods of extreme hot or cold weather, or when such conditions are likely. If extreme weather is possible, position traps so that either natural cover or an appropriate shelter provides trapped animals with shelter from the elements (including exposure to wind, rain, low or high temperatures).
• Operators should avoid setting a trap in areas at risk of flooding that may harm animals held within the trap.

Cage traps need only be marked and registered in Scotland.

As of 1^st April 2020 NatureScot Licensing took over Trap Registration from Police Scotland. Operators need to register with NatureScot in order to use Larsen Traps, Larsen Mate Traps, Larsen Pod Traps and multicatch crow traps under their General Licences. Registrations are issued to individual people rather than properties. Trap registration codes provided by NatureScot must be attached to any of the traps listed above.

The RSPB has made frequent recommendations that this be extended to other UK countries, but (as of 2023) no changes to licencing and marking have been made.

A ‘call bird’ is a corvid (usually a magpie) which is trapped and then kept alive as a decoy in a cage trap.

Corvids become territorial in the spring. Gamekeepers place ‘call birds’ in traps hoping corvids with established territories will think the ‘decoy’ is an intruder into their territory and will fly down and try to drive the ‘intruder’ away.

Some will inevitably get caught in the trap too, and will then be killed at a later stage by eg a gamekeeper.

Clearly this is traumatising for the bird held as a decoy as they can not escape or fly away, and (against the published advice) may witness birds of the same species being killed in front of them.

This cruel practice is done solely to ‘protect’ the eggs of birds being reared to be shot, including pheasants, partridges, and grouse, which are laid around the same time of year.

• It is illegal to use ‘call birds’ which have been injured or maimed (usually as a result of shooting when trapping them in the first place), have had their wings clipped (the flight feathers removed), or which are blind.

Cage traps often hold a decoy or bait bird, used to attract other birds to the cage.

In England and Wales as of Jan 2022 ONLY the following species are allowed to be used as decoys:

• Carrion Crow Corvus corone
• Jackdaw Corvus monedula
• Jay Garrulus glandarius (NB a Jay may never be used in Scotland)
• Magpie Pica pica
• Monk Parakeet Myiopsitta monachus (considered a non-native species)
• Ring-necked Parakeet Psittacula krameri (considered a non-native species)
• Rook Corvus frugilegus
• In Scotland Hooded Crows Corone cornix may be used as well.

It is illegal to use ANY other bird species as a decoy. NB Feral Pigeons are sometimes used as decoys to attract birds of prey: this is illegal.

It is also illegal to clip a decoy’s wings ( (ie cutting the flight feathers) or injure the decoy bird in any way. If they escape or are released, clipped wings would make the ‘decoy’ unable to escape attacks by predators or other birds.

The welfare of decoy birds is well-covered by law. If any of the following conditions are not being met then the trap is being operated illegally:

• suitable food must be readily accessible.
• clean drinkable water must be available all of the time (what ‘clean’ means is not properly defined in law, but water must be available for a decoy bird).
• there must be shelter which protects the bird from prevailing weather conditions (this may just be a wooden shelf, but if a bird can escape rain it’s normally considered acceptable).
• there must be a perch placed under the shelter.
• no decoy bird can be left in a trap when the trap is not in use.
• operators can not use any live bird or animal which is tethered, or secured by means of braces or other similar appliances, is blind, maimed or injured, or has had their wings clipped (the flight feathers cut so the bird can’t fly). (This last condition applies to shoots as well – it is illegal to use tethered, blind, maimed or injured birds to attract other birds to be shot.)

Yes, but only under very specific circumstances and under licence.

In an advice note on the Animal Welfare Act 2006, Natural England notes that live prey species can be used as decoys under a Natural England licence to assist in the capture of birds of prey for ringing or marking for the purpose of research and/or conservation.

They stress that the technique could cause the decoy (prey) species to suffer as a result of its proximity to a natural predator, but that “The practice is considered acceptable in certain situations under the Animal Welfare Act provided that all the following criteria are
satisfied:

• the licence is issued for a genuine purpose (ie as listed in Section 16 of the Wildlife and Countryside Act);
• there is no alternative means of capturing the bird of prey;
• the cage trap is under constant direct supervision while it is in use;
• the decoy is removed and released as soon as the predator is caught, and
• is not used more than once.”

Licences permitting the use of live decoys are assessed on their individual merits and the technique is only authorised where the licensed activity would be of benefit to the bird of prey or its conspecifics (ie a member of the same species).

Any animal used as a decoy (this would typically be a Feral Pigeon or a corvid) is also subject to Section 9 of the Animal Welfare Act 2006, which relates to ‘Duty of person responsible to ensure animal welfare’.

Government advice is clear – then not so-clear!

It says that operators must NOT use meat baits, including carrion, in any trap – unless strictly necessary. This is to minimise catching non-target species.

If it is strictly necessary meat baits can be used:

• to catch a Corvid decoy bird when you do not have an existing decoy bird and meat is the only effective bait.
• for the effective control of carrion crows, which are causing serious damage by feeding on livestock – excluding eggs.
• where decoy birds or other bait types, such as eggs, are ineffective.

The legal definition of ‘strictly necessary‘ appears to be vague, though, and open to interpretation by shooting estates and the agriculture industry.

No. It is illegal to use any sound recording as a decoy.

Condition 8 of General Licence 33 says that a trap operator “must humanely dispatch trapped target species… without delay.” The advice says that an operator “should remove birds from the trap and dispatch using a humane method. Humane methods include a sharp blow to the back of the head using a suitable stick or dedicated priest [a tool for killing wild animals or fish] or equivalent”.

The advice also recommends that as far as is practicable an operator should “avoid the public seeing the dispatch” and that they “must not dispatch birds in view of decoy birds or other trapped birds”.

Clearly this demonstrates that the government recognises that the public would object if they saw this practice taking place and that it is traumatic for highly intelligent birds like corvids to witness other birds being killed in front of them. That hasn’t persuaded them to ban this sort of trapping and killing though.

All ‘non-target species’ caught in a cage trap must be released UNHARMED by the operator immediately upon discovery.

If we find a so-called ‘non-target species’ trapped in the cage (particularly if the species is protected) we are recommended not to try and release it as we may harm or injure the bird, and even find ourselves charged with damaging a legal trap.

Instead take a photo for evidence and call the police on 999 immediately.

An option is to also call an animal welfare charity:

• Contact RSPB Wildlife Enquiries on 01767 693690.
• England and Wales – RSPCA Cruelty line 0300 1234 999
• Scotland – Scottish SPCA Animal Helpline 03000 999 999
• Northern Ireland – USPCA Animal Information Line 028 3025 1000, caller ID required

What though if the bird is injured and needs help? Most of us would take the bird to a vet as soon as we could. Could we be charged with criminal damage if we have to break a padlock to get into the trap? Possibly, but if the trap were being used illegally, the bird being held illegally, and we were only concerned with the welfare of the bird the chances of police taking actions would be low – but please note we are not advising criminal damage and cannot know how an individual police officer might react on the day.

If a bird of prey is trapped in a legal crow cage-type trap it must be released by the cage operator immediately. There are no exceptions to this.

Our instinctive reaction on finding a trapped bird of prey, then, would be to release it immediately. However it is not recommended – no matter how tempting. A trapped bird may attack injuring themselves or injuring us, and (if we’re caught or recorded) we may even find ourselves charged with damaging a legal trap.

Instead take a photo for evidence and call the police on 999 immediately. Also contact the RSPB on their Raptor Crime Hotline 0300 999 0101

• A Jan 2022 blog by Guy Sharrock of the RSPB highlighted the problems of cage traps and bird of prey

No. At each inspection any dead animal, including any dead bird, caught in the trap should be removed from it.

Finding a trap with a dead bird which is decomposed or fly-blown means that in all likelihood the operator has not been checking the trap at least every 25 hours – one of the conditions of use.

Take a photograph for evidence and report the incident to the police.

Red Squirrels and their dreys (resting places) receive full protection under Schedules 5 and 6 of the Wildlife and Countryside Act 1981 (as amended). It is therefore an offence to intentionally or recklessly kill, injure or take a Red Squirrel, but they can be trapped with a licence. Anyone trapping in an area where Red Squirrels are present (typically for monitoring purposes) should be using live capture traps. These must be checked regularly and the squirrel released unharmed.

Traps used to catch Grey Squirrels are typically lethal kill traps because under the Invasive non-native (alien) animal species regulations (which came into force in December 2019) it’s illegal to release a trapped Grey Squirrel back into the wild (or keep them as pets or let them breed or escape).

‘Humane’ live capture Grey Squirrel traps are still sold (so simply baited cages that hold an animal until release), but the majority of traps are ‘spring traps’ – either metal mesh cages (often mounted in a tree) or Fenn-style ground-based wooden boxes. Both are slightly larger than a squirrel with (usually) a baffled entrance. The traps are baited, often with hazelnuts, and close shut when a squirrel enters. As the squirrel reaches for the bait a plunger is triggered which crushes the animal’s head or a powerful spring bar is triggered which snaps shut. Some designs trigger CO2-filled gas canisters.

The law states that only approved spring traps can be used and that traps are set in natural or artificial tunnels to reduce the risk of killing non-target species.

No. Much as we dislike them, the fact is that because their use is currently legal it is an offence to tamper with a legally-operated trap, and damaging or destroying them could risk being charged with criminal damage (which occurs when someone unlawfully, and intentionally or recklessly, damages or destroys property belonging to another person).

Aside from ethical considerations (and there are many), if you have any doubts or concerns about a trap you’ve found (especially about how it’s being used etc) then take photographs and details and REPORT them to the police on 999 or the RSPB Investigations Team.

• Note that in some areas (especially at sites where the public has access and are more likely to come across a trap) remote cameras have been installed next to cage traps to catch individuals damaging them. These cameras can record audio as well as video.

Wildlife crime is defined as any action which contravenes current legislation governing the protection of the UK’s wild flora and fauna, including species traded in the UK.

Note that wildlife crime does NOT include:

• Incidents involving domestic or companion animals such as dogs (other than dogs being used to hunt mammals), cats, rabbits, domesticated birds, etc.

• Wild animals that have been involved (killed or injured etc) in road traffic accidents.

Road accidents with wild animals do not need to be reported to the police, but note that domestic animals (as well as goats, horses, cattle, asses, mules, sheep and pigs) come within the remit of the Road Traffic Act.
If you have a road accident involving these animals you are required by law to report it to the police. If the wild animal is so badly injured in a road accident that there is no chance of recovery or the animal can not be returned to the wild then he or she may be euthanised, providing there is no appropriate long-term captive or semi-captive accommodation or when treatment would involve undue suffering or distress.

If we come across a wildlife crime scene or a dead bird/object that may be related to a wildlife crime every piece of information is – or might be – important, but it needs to be recorded properly and accurately for the authorities to have a chance of prosecuting an offender.

• Before we do anything else it is very important that we do NOT approach anyone we suspect of committing a crime – they may be violent and/or aggressive. This is especially true of badger baiters and hare coursers who are typically extremely violent. This must be a first priority!

 If we see a wildlife crime taking place (or someone is at risk of getting injured or is being threatened) call 999 immediately.

They will want to know what we can see happening:

• What sort of crime is being committed
• Are any firearms involved
• Could we or the public be in danger

To report a historic crime – that is, a crime that is no longer taking place – use 101 or a local organisation instead.

• If calling the police ask to speak to a Wildlife Crime Officer and make sure to get an Incident Report number.
• Please always follow any advice given and – if they are not available – insist that a Wildlife Crime Officer is made aware of your report.
•  Our options are wider if the event is over, and it may be preferable to talk first to a charity or NGO to get advice. Crimestoppers (an independent charity) can be contacted in complete confidence on 0800 555 111
• When thinking about reporting a crime it’s worth noting that only the police have statutory powers to make an arrest. RSPCA and RSPB investigation officers work with the police for successful prosecutions.

Reporting a wildlife crime (or even a suspected wildlife crime) is important for two reasons.

• If the event is still happening it may enable the authorities to catch the criminals ‘in the act’ (which means a higher chance of prosecution),
• and if the event is over a report can still help to build up a more accurate picture of what might be happening in a specific location or across the country as a whole.

Our help is always welcomed

• Whoever we decide to contact we have been assured that our help is welcomed and that if we’re in any doubt that what we’re seeing is a crime we should report it anyway. Remember, if what we see ‘feels’ wrong, it probably is!

• Even if we’re not sure about what we’re seeing, we can take a photograph and email it to the police or an investigations officer – they are trained to quickly recognise for example when a snare is illegally placed, whether a trap is being used illegally, or whether a crime is being committed or not.
• We may help stop or solve future crimes by helping build up a pattern of behaviour in an area.