The Humane Trapping Standards Regulations (Northern Ireland) 2019

Document Number:2019 No. 68
 
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Statutory Rules of Northern Ireland

Wildlife

Made

27 th March 2019

Coming into operation

31 st May 2019

The Department of Agriculture, Environment and Rural Affairs is a department designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to wild animals. The Department makes these Regulations in exercise of the powers conferred by that section.

PART 1 Introductory provisions

Title, commencement and interpretation

  1. —(1) These Regulations—

    (a) may be cited as the Humane Trapping Standards Regulations (Northern Ireland) 2019; and

    (b) shall come into operation on 31 st May 2019.

    (2) The Interpretation Act (Northern Ireland) 1954 applies to these Regulations as it applies to an Act of the Assembly(3).

    PART 2 Amendment of the Wildlife (Northern Ireland) Order 1985

    Amendment of the Wildlife (Northern Ireland) Order 1985

  2. The Wildlife (Northern Ireland) Order 1985(4) is amended in accordance with regulations 3 to 8.

    Amendment of Article 12

  3. —(1) Article 12 (prohibition of certain methods of killing or taking wild animals) is amended as follows.

    (2) For paragraph (2) substitute—

    “(2) Subject to the provisions of this Part and to those of Article 20 , if any person—

    (a) uses any trap or snare for the purpose of killing, taking or restraining any wild animal included in Schedule 6 or 6 A;

    (b) sets in position any trap or snare of such a nature and so placed as to be calculated to cause bodily injury to any wild animal included in Schedules 6 or 6 A;

    (c) sets in position any—

    (i) hook and line;

    (ii) electrical device for killing or stunning; or

    (iii) poisonous, poisoned or stupefying substance or muscle-relaxing agent,

    of such a nature and so placed as to be calculated to cause bodily injury to any wild animal included in Schedule 6;

    (d) uses for the purpose of killing or taking any wild animal included in Schedule 6 any—

    (i) hook and line;

    (ii) poisonous, poisoned or stupefying substance or muscle-relaxing agent;

    (iii) net;

    (iv) automatic or semi-automatic weapon;

    (v) device for illuminating a target or sighting device for night shooting;

    (vi) form of artificial light or any mirror or other dazzling device;

    (vii) gas or smoke not falling within head (iii);

    (viii) metal bar, axe, hatchet, cudgel, club, hammer or similar instrument;

    (e) uses any electrical device for killing or taking any wild animal included in Schedule 6;

    (f) uses any mechanically propelled vehicle in immediate pursuit of any wild animal included in Schedule 6 for the purpose of driving, killing or taking that animal; or

    (g) knowingly causes or permits to be done an act mentioned in any of sub-paragraphs (a) to (f) ,

    that person shall be guilty of an offence.”.

    (3) In paragraph (4) , for “(2)(b) to (d)” substitute “(2)(a) , (d) , (e) or (f)”.

    (4) In paragraph (5)—

    (a) for “(2)(a)” substitute “(2)(b) or (c)”;

    (b) for “Schedule 6” substitute “the relevant Schedule”.

    (5) After paragraph (5) , insert—

    “(5 A) In paragraph (5) , “the relevant Schedule” means—

    (a) where proceedings relate to an offence under paragraph (2)(b) , Schedule 6 or 6 A;

    (b) where proceedings relate to an offence under paragraph (2)(c) , Schedule 6.”.

    Amendment of Article 12 A

  4. —(1) Article 12 A (spring traps) is amended as follows.

    (2) In...

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