Animals (Trapping)
(Jersey) Law 1961[2]
A LAW to prevent cruelty in connection
with the trapping of animals
Commencement
[see endnotes]
1 Interpretation
In this Law –
“approved trap” and any reference to the animals or
circumstances for which a trap is approved shall be construed in accordance
with Article 2(2);
“Minister” means the Minister for the Environment;
“trap” includes a gin or snare.[3]
2 Restriction
on the use of traps
(1) Subject to the
provisions of this Article, a person shall be guilty of an offence if –
(a) for
the purpose of killing or taking animals, the person uses, or knowingly permits
the use of, any trap other than an approved trap, or uses, or knowingly permits
the use of, an approved trap for animals, or in circumstances, for which it is
not approved;
(b) the person
sells, or exposes or offers for sale, any trap other than an approved trap; or
(c) the person
has any trap in his or her possession for a purpose which is unlawful under
this Article.[4]
(2) The Minister may by
Order approve traps of a prescribed type and make, either for general use or
subject to conditions as to the animals for which and the circumstances in
which a trap may be used.[5]
(2A) Paragraph (1) shall not apply –
(a) to a
trap of a description specified by Order of the Minister; or
(b) to a
person acting with authority of and in accordance with a licence granted under
paragraph (2B).[6]
(2B) The Minister may by Order establish
a scheme for the grant of licences –
(a) authorizing
the use, the sale or exposure or offer for sale or the possession of a traps of
a specified type and make;
(b) either
to persons of a class or to particular persons;
(c) subject
to compliance with any specified conditions;
(d) subject
to their modification or revocation by the Minister at any time; and
(e) subject
to the payment of a fee to the Minister upon such grant.[7]
(3) Paragraph (1)(a) shall
not make unlawful the experimental use of a trap under and in accordance with a
licence granted by the Minister to enable a trap to be developed or tested with
a view to its being approved for the purposes of this Law.
3 Inspection
of traps
A person who uses, or knowingly permits the use of, an approved trap
for the purpose of killing or taking animals, or which is so placed as to be
likely to kill or take any animal, shall inspect, or cause some competent person
to inspect, the trap at reasonable intervals of time and at least once every
day between sunrise and sunset, and if the person fails to comply with the
provisions of this Article the person shall be guilty of an offence.
4 Open
trapping of rabbits
A person shall be guilty of an offence if, for the purpose of
killing or taking rabbits, the person uses, or knowingly permits the use of, an
approved trap elsewhere than in a rabbit hole.
5 Spreading
of myxomatosis
A person shall be guilty of an offence if he or she knowingly uses,
or permits the use of, a rabbit infected with myxomatosis to spread the disease
among rabbits.
6 Provision
as to Orders
The Subordinate Legislation (Jersey) Law 1960, shall apply to Orders made
under this Law.
7 Provision
as to penalties[8]
A person guilty of an
offence under this Law shall be liable to a fine not exceeding level 2 on the
standard scale.
8 Citation
This Law may be cited as the Animals (Trapping) (Jersey)
Law 1961.