Environmental Policy Division Goodwood House 44/58 May Street Town Parks Belfast BT1 4NN. Telephone:

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1 Environmental Policy Division Goodwood House 44/58 May Street Town Parks Belfast BT1 4NN Telephone: Date: 15 th March 2013 Dear Consultee, The Snares Order (Northern Ireland) 2013 I am writing to advise you that the Department is consulting on its proposals to make subordinate legislation to further regulate the use of snares in Northern Ireland. Background The use of snares in Northern Ireland is regulated by the Wildlife (Northern Ireland) Order 1985 ( the 1985 Order ). The 1985 Order was amended by the Wildlife and Natural Environment Act (NI) 2011 ( WANE ) which introduced new controls over the use of snares in Northern Ireland. During the passage of the WANE Bill through the Northern Ireland Assembly there was debate on whether or not the use of snares should continue to be permitted, due to concerns about the welfare of animals caught by snares. Those who supported their continued use considered that a complete ban would have negative implications for countryside management practices such as farming, game management or reducing pressure on ground nesting bird species. Subsequently, the Assembly decided that snares should remain a legal means of capturing pest animal species. However, in recognising the concerns expressed, it was acknowledged that increased statutory standards should be placed upon those who set and use snares. The WANE Act gave the Department powers to set such standards by way of an Order. The proposed Order The effective use of snares is dependent on two elements, the design of the snare itself and the operators skills and practice.

2 This consultation seeks views on the Department s proposals for setting further standards relating to the technical requirements of snares and how they should be used. The purpose of the existing controls on the use of snares and those proposed under the draft Order is to promote best practice in how snares should be used in order to achieve an effective balance between ensuring the humane treatment of animals and the practical needs of good land management. It is also proposed that the introduction of the new regulatory requirements should be accompanied by a specific Northern Ireland Code of Practice that will help all snare users to understand their legal responsibilities as well as identifying and promoting best practice. A draft Code has been developed, drawn up in collaboration with relevant groups representing snare users in Northern Ireland, and forms part of the consultation. A copy of the consultation document is attached. How to Respond If you have any comments to make about the consultation, responses can be sent either by post or to the addresses given above and responses should arrive no later than 7 th June To help our considerations please indicate in your response your name, your interest, the organisation that you represent (if applicable) and your contact details. Freedom of Information Act 2000 confidentiality of consultation responses The Department may wish to publish responses to this consultation. It will certainly publish a summary of responses following completion of the consultation exercise. In addition, your response may be disclosed on request as the Department is only able to refuse disclosure in very particular circumstances. Therefore, you are advised to read the information in Section 5 of the consultation document before sending a response to this consultation. It provides guidance on the legal position of any information given by you. Yours faithfully, Chris Savage

3 CONSULTATION ON THE DRAFT SNARES ORDER (NORTHERN IRELAND) 2013 SECTION 1 THE DRAFT SNARES ORDER Background 1. In Northern Ireland, snares are used for the purpose of controlling foxes. Snares are not intended for and should not intentionally be used to kill animals. They aim to capture foxes for later humane dispatch. They are mainly used by game keepers and land owners in areas which are used to rear game birds. Snares are also used on hill farms particularly during the lambing period. The current law on snaring 2. The use of snares is already subject to a number of legal requirements which are contained in the Wildlife (Northern Ireland) Order 1985, which were strengthened by amendments in 2011 made by the Wildlife and Natural Environment Act. Those requirements are: the use of a self-locking snare is prohibited and it is also an offence to sell or offer for sale a self-locking snare, or to be in possession of a self-locking snare without a reasonable excuse; it is a requirement that snares are checked at least once a day (i.e. at intervals of no more than 24 hours) and any animals caught by the snare must be released or removed. Failure to remove an animal, whether alive or dead, during such an inspection also constitutes an offence; it is an offence to set in position or otherwise use any snare which is, due to its design or the manner in which it is used, calculated to cause unnecessary suffering; and no-one should be in possession of a snare or set a snare on any land where the permission of the owner or occupier of that land has not

4 been obtained, unless there is a reasonable excuse. This amendment in 2011 means that an owner or occupier of land can determine his or her own policy in relation to snares. The proposed Snares Order 3. During passage of the Wildlife and Natural Environment Bill through the Northern Ireland Assembly in 2010 there was considerable debate on the issue of snaring, with some calling for a total ban on their use. However, the Assembly subsequently decided that snares should continue to be available as a pest control tool. 4. However, in recognising the concerns expressed, it was acknowledged that increased standards should be placed upon those who set and use snares. The Wildlife and Natural Environment Act (NI) 2011 gave the Department powers to set such standards by way of an Order and the flexibility to update those standards at any time, as determined appropriate. 5. Consideration of the law on snaring and the extent of regulation which would be appropriate needs to take account of a number of factors including the humane treatment of wild animals, the practical needs of good land management and nature conservation objectives. The proposed Order intends to set legal requirements that promote higher technical standards in relation to the specification of the snare itself and operator practice. Each of the proposals is described in paragraphs 7 to The proposed Order will be subject to the Affirmative Resolution of the Northern Ireland Assembly. Requirement for the fitting of Permanent Stops and Swivels 7. It is proposed that all fox snares must be fitted with permanent safety stops. The purpose of a stop is to prevent the noose closing too far and inflicting damage to the animal, particularly by strangulation. This has the

5 potential to bring about a significant improvement to the welfare of the animals restrained by snares and would also eliminate issues surrounding accidental capture of the feet/legs of some animals and nontarget animals should be more readily able to escape from the snare. The Order will stipulate precise technical specifications for the positioning of the stops i.e. snares must be fitted with a stop which will prevent the noose reducing in circumference to less than 23 centimetres. 8. It will also be a requirement that all snares are fitted with a swivel to facilitate twisting action by the animal caught by the snare without causing damage to the animal. 9. It is worth noting that modern snares sold by appropriate outlets conform to these standards, so placing these legal requirements on users may encourage the disposal of older snares in favour of the most up to date form of snare. Location of snares 10. It will be a requirement that snares should not be set in a place or in a manner where an animal is likely to become fully or partially suspended or to be put at risk of drowning e.g. over water courses. Free-running action of snares 11. It will be a requirement that snares users, when conducting their daily checks, ensure that a snare remains free-running and remove or repair the snare if it is not in such a state. A free-running snare is one on which the wire loop relaxes when the animal caught by the snare stops pulling, as opposed to a self-locking snare which has a wire loop which continues to tighten as an animal struggles. While the use of self-locking snares is prohibited, the free-running action of a snare could be impeded if it is damaged in any way, or is old or becomes rusty.

6 Anchoring of snares 12. It will be a requirement that snares must be firmly staked into the ground or firmly anchored to an object in an appropriate manner, so that the snare cannot be dragged away by an animal caught by it. This will ensure that the operator will be able to locate the snare. It will also ensure that captured animals do not suffer by dragging the snare and becoming entangled over fences or other objects. 13. A copy of a draft Order based on the requirements described above is provided as Annex 1. We welcome your views on each of these proposals to improve the technical standards of snares and how they are used. We would also wish to know if you have views on other technical specifications that should apply. Developments in Great Britain 14. In Scotland, there have been a number of recent changes in relation to regulating the use of snares. From 1 st April 2013, anyone who uses a snare must have a Snaring Operator or identification number, and must have been trained by an accredited training provider and obtained a Snaring Competence Certificate in the setting and use of snares. Each snare will have to be fitted with an identification tag with the operator s identification number on it. 15. Identification numbers will be issued by the police on receipt of proof that the applicant has received the appropriate training. The tags attached to each snare must also indicate which target species the snare is intended to catch. It will also be a requirement that the person authorised to use a snare must keep a record of their snaring activities, including the location of every snare set and the date on which it was set or removed, and details of the type of animal caught by the snare and the date removed. Such records must be produced to a constable, if asked.

7 16. In March 2012 the Department for Environment, Food and Rural Affairs (Defra) published the findings of a research project it had commissioned into the use and humaneness of snares. The report raises a number of issues, such as the lack of compliance with Defra s 2005 Code of Practice, the high proportion of non-target species caught, and the fact that snares widely available to buy do not appear to meet recommended standards. There appears to be a clear correlation between poor snare design and welfare issues. The report suggests that the use of snares which meet recommended standards would mitigate animal welfare concerns. The report makes a number of suggestions, including consideration of the use of compulsory training, operator licensing and tagging of snares. The report s findings are still under consideration by Defra. 17. The Department recognises a need to encourage responsible operator practice and for the public to have confidence that snaring is being carried out by responsible, competent operators to high standards, yet within a legal regime that, from a functional perspective, is practical and not one that places unrealistic burdens on those involved in land management and control of pest species to the extent that the use of snares simply becomes an unrealistic option. 18. The Department believes that the proposals within this consultation will achieve this and does not consider that additional requirements such as identification tagging are necessary for Northern Ireland. Such requirements could be considered overly burdensome for those responsible users and ineffective for the minority of individuals who do not fall into that category, and a disproportionate response to the overall objectives. 19. The Department is however keen to hear your views on the nature of controls that Northern Ireland should put in place to regulate the use of snares.

8 SECTION 2 A NORTHERN IRELAND CODE OF PRACTICE 20. As mentioned earlier, the aim of these proposals is to promote higher standards in the use of snares in Northern Ireland. An essential element of achieving this aim is the need to ensure that those who use snares are aware of their legal responsibilities and what is determined to be good practice. 21. It is therefore proposed that the introduction of the new regulatory requirements should be accompanied by a Northern Ireland specific Code of Practice that will help achieve this. The Code can be widely distributed and continually promoted by relevant interests. 22. The draft Code is attached as Annex 2 and your views on it are invited. SECTION 3 PARTIAL REGULATORY IMPACT ASSESSEMT 23. A Regulatory Impact Assessment (RIA) must accompany proposals for new legislation. The RIA is a document describing an issue which has given rise to a need for regulation and assesses any potential costs to business arising from the proposals. The RIA is included at Annex Comments are welcomed on the possible costs arising from the proposals. SECTION 4 EQUALITY ASSESSMENT 25. Section 75 of the Northern Ireland Act 1998 places a duty on public authorities to have due regard to the need to promote equality of opportunity. The Department has completed an Equality Impact Assessment screening exercise in order to identify if any of the proposals included in this consultation will have an impact on the Section 75 groups and has concluded that no adverse differential impact is likely.

9 SECTION 5 CONFIDENTIALITY OF CONSULTATIONS 26. The Freedom of Information Act gives the public a right of access to any information held by a public authority, namely the Department in this case. This right of access to information includes information provided in response to a consultation. The Department cannot automatically consider as confidential information supplied to it in response to a consultation. However, it does have the responsibility to decide whether any information provided by you in response to this consultation, including information about your identity should be made public or be treated as confidential. If you do not wish information about your identity to be made public please include an explanation in your response. This means that information provided by you in response to the consultation is unlikely to be treated as confidential, except in very particular circumstances. The Lord Chancellor's Code of Practice on the Freedom of Information Act provides that: the Department should only accept information from third parties in confidence if it is necessary to obtain that information in connection with the exercise of any of the Department's functions and it would not otherwise be provided; the Department should not agree to hold information received from third parties "in confidence" which is not confidential in nature; and acceptance by the Department of confidentiality provisions must be for good reasons, capable of being justified to the Information Commissioner. 27. Should you require further information about the confidentiality of responses, please contact: Information Commissioner s Office Northern Ireland 51 Adelaide Street Belfast BT2 8FE Telephone number: or see their website at:

10 ANNEX 1 [DRAFT] STATUTORY RULES OF NORTHERN IRELAND 2013 No. [ ] WILDLIFE The Snares Order (Northern Ireland) 2013 Made [ ] Laid before Northern Ireland Assembly [ ] Coming into operation- - [ ] This Order is made in exercise of the powers conferred by Article 12(2F) of the Wildlife (Northern Ireland) Order 1985 (1); In accordance with Regulation 29(3) of the 1985 Order the Department of the Environment(2) (a) has consulted the Council for Nature Conservation and the Countryside; and (b) has consulted any district council or other person affected and taken into consideration any objections or representations duly received; Accordingly the Department makes the following Order: Citation and commencement 1. (1) This Order may be cited as the Snares Order (Northern Ireland) 2013, and shall come into operation on [ ]. (2) In this Order the 1985 Order means the Wildlife (Northern Ireland) Order Setting and using snares 2. A snare is to be treated as having been used in a manner which constitutes an offence under Article 12(2F) of the 1985 Order if it is used or caused or permitted to be used otherwise than in accordance with regulations 3 to 6. (1) 1985 No.171 (N.I.2) (2) S.R. & O. (N.I.) 1972 No. 252; S.R. &O (N.I.) 1973 No. 504 Art. 7; S.I. 1976/424 (N.I.6) Art. 3

11 Check that snares are free-running. 3. (1) Any person who sets a snare in position must, while it remains in position, check that it is free-running or cause it to be checked at least once every day at intervals of no more than 24 hours. (2) Any person who, while carrying out such a check, finds that the snare is not free-running, must remove the snare or restore it to a state in which it is free-running. (3) In this paragraph a snare is free-running if (a) it is not self-locking; (b) it is not capable (whether because of rust, damage or other condition or matter) of locking; and (c) subject only to the restriction on such movement created by the stop fitted in accordance with regulation 4(2) to (3), the noose of the snare is able at all times freely to become wider or tighten (and is not prevented from doing so whether because of rust, damage or other condition or matter other than the stop). Snare stops and swivels 4. (1) A person who sets in position or otherwise uses a snare to catch foxes must ensure that the snare is fitted with a stop which complies with this regulation. (2) The stop must be capable of preventing the noose of the snare closing beyond the stop. (3) The snare must be fitted with a stop which is capable of preventing the nooses of the snare reducing in circumference to less than 23 centimetres. (4) A person who sets in position or otherwise uses a snare must ensure that the snare incorporates a swivel to facilitate twisting by any animal caught by the snare. Snare anchors 5. (1) A person who sets a snare in position must (a) stake it to the ground, or (b) attach it to an object, in a manner which will prevent the snare being dragged by an animal caught by it. Location of snares 6. A person must not set a snare in a place or in such manner where an animal caught by the snare is likely to (a) become fully or partially suspended, or (b) drown. Sealed with the Official Seal of the Department of the Environment on [ ]. [ name ] A senior officer of the Department of the Environment

12 EXPLANATORY NOTE (This note is not part of the Order) This Order makes provision about the use of snares. Regulation 2 specifies that it is an offence under Article 12(2F) of the Wildlife (Northern Ireland) Order 1985 to set or use, or cause or permit a snare to be set or used, otherwise than in accordance with the requirements specified in regulations 3 to 6. Regulation 3 requires someone who sets a snare to check or cause it to be checked that it remains free-running every 24 hours. Anyone who finds that the snare is not free-running must remove it or fix it to ensure it is free-running. Regulation 4 requires a stop to be fixed to a snare before it is used and stipulates the necessary technical requirements. The Regulation also requires all snares to be fitted with a swivel. Regulation 5 requires a snare to be staked in place or attached to another object to prevent it from being dragged. Regulation 6 specifies that a snare is to be treated as having been used in such a manner if it is set in a location where a snared animal is likely to become suspended or drown.

13 ANNEX 2 [Draft] A Code of Best Practice for Snare users in Northern Ireland Introduction This is not a statutory code but is rather a document which sets out the legal obligations upon those using snares and areas identified as best practice. Snares are considered to be an efficient tool used by land managers in order to reduce predation by foxes and to control the ever increasing rabbit population. They are considered necessary to ensure that damage to crops, livestock, trees, game and other wildlife and their habitats can be minimised. It is essential that snare users are at all times responsible for ensuring that the methods they use are legal, as humane as possible, and carried out with sensitivity and respect for other countryside users. Snaring in Northern Ireland is subject to a range of legal requirements which are set out in this Code. It is important therefore that before even considering setting a snare you ensure that everything you do has full and consistent compliance with these requirements. This can be achieved by adhering to this Code. The overall aim of this Code is to promote best practice so that snaring is carried out as effectively and humanely as possible; and instances of misplaced or misused snares are minimised to the fullest extent possible. It is recommended that you consider all alternative forms of control before you decide on using snares. If you are in any doubt about compliance with this Code you should not use snares. If you are not experienced in using snares, it is strongly recommended that you approach any of the organisations mentioned below who can advise on appropriate training or guidance. Even if you have used snares before, you should consider whether some refreshment training would be beneficial in order to maintain awareness of up to date developments in the field, for example any improvements in snare design or methods of use. The Code has been developed by representative bodies including the British Association for Shooting and Conservation, the Ulster Farmers Union and Countryside Alliance Ireland, in consultation with Northern Ireland s gamekeepers.

14 It is endorsed by the Department of the Environment and supported by the Game and Wildlife Conservation Trust. PLEASE NOTE: for the purpose of this Code advice that must be followed indicates a legal obligation, whereas advice that should be followed will ensure compliance with best practice. Legal Obligations The legal obligations detailed in this Code arise from the Wildlife (Northern Ireland) Order 1985 (as amended) and the related Snares Order (Northern Ireland) 2013.

15 Self-locking Snares The use of a self-locking snare is prohibited and no one should have in his possession such a snare without a reasonable excuse. The sale of self-locking snares is also prohibited. Setting Snares General Considerations You must not set any snare without the permission of the land owner or occupier and you must not be in possession of a snare on anyone else s land without their permission, unless you have a reasonable excuse. You must only use a free-running snare, which is defined as a wire loop that relaxes when the animal stops pulling. A self-locking snare is a wire loop that continues to tighten by a ratchet action as the animal struggles. Snares must incorporate a swivel to facilitate twisting by any animal caught by the snare. Snares should be supported by a suitable tealer or set-stick and set firmly in the ground. Snares must be firmly anchored, so that they cannot become free or dragged by an animal caught by them. Drags must not be used. Snares which are frayed or damaged should be disposed of safely. Snares should only be used as a restraining device. Snares must not be set in a manner whereby the restrained animal becomes fully or partially suspended, drowned or strangulated. The utmost care should be taken to ensure snares are not set where there is evidence of regular usage by non target species which could be caught. Target species caught in a snare must be dispatched humanely as soon as possible. Target species not killed for human consumption should be disposed of responsibly e.g. by deep burial (more than 1 metre and away from water courses). Carcases should not be displayed as this serves no useful purpose and can offend other countryside users.

16 The design and setting of fox snares Fox snares must contain a permanent safety stop. The stop should be at least 9 (23cm) from the eye of the snare and a user should check the action of each snare to ensure that it is free running and free of kinks. Fox snares must incorporate a strong swivel. The wire should not be less that 460lbs (208 kilos) breaking strain. Fox snares should be set so that the bottom of the loop is at least 7-9 (17 to 23cm) off the ground under normal conditions and up to a height of 12 (30cm) or more, on open ground. When setting fox snares at these heights the loop should be at least 6 (15cm) at its deepest point. The presence of foxes will normally be indicated by fox tracks (footprints), long reddish brown hairs caught on bramble, twigs or wire, a strong smell of fox urine, fox droppings (scats) etc. Inspections of Snares You must check or have someone check your snares at least once a day at intervals of no more than 24 hours. The inspection should ensure that the snare remains free-running; and if it is not, the person carrying out the inspection must remove the snare and fix it so that is free running. A snare is regarded as freerunning if it is not self-locking, if it is not capable of locking and if the noose of the snare is able at all times (subject only to the restriction on such movement by the stop) to become wider or to tighten freely (and

17 is not prevented from doing so because of rust, damage or other condition). Any person who, while carrying out such an inspection, finds an animal caught by the snare being inspected must, during the course of the inspection, release or remove the animal (whether live or dead). Non-target species IF IN DOUBT DO NOT SET A SNARE! When setting snares every effort must be made to avoid the capture of nontarget species otherwise you could be committing an offence. You should pay particular attention to the following: Animal Signs of activity Careful considerations Badger Well worn paths. Badger tracks (footprints). Coarse grey hairs with black tips caught on bramble, twigs or wire. Signs of excavation linked by well defined paths. Signs of bedding near the sett entrance. The presence of 'dung pits'. Deer Deer slots (tracks). Droppings. Obvious signs of browsing or frayed saplings. Otters Otter tracks (footprints). A regular feeding place such as a rock in midstream, which will be recognised by assorted food remains such as fish bones. Otters have regular sites where they deposit their Avoid setting snares in holes, through or under fence lines with badger hairs present or in gaps through hedges or under gateways where badgers are present. Where deer are present, avoid setting snares in holes through, or under fences. Avoid setting snares along the back of fence lines, particularly in woodlands, as deer often travel along them. When setting a snare on an open run, consideration should be given to the placing of a deer leap (large branch) across the track above the snare forcing the deer over the snare Avoid setting snares on tracks alongside rivers and water courses. Do not set snares on footbridges, fallen trees or logs spanning watercourses.

18 Domestic Pets Farm Livestock droppings or spraints. Do not set snares in the vicinity of dwelling houses. Avoid setting snares on or near public footpaths, rights of way, or in areas used regularly by the public to exercise domestic animals. Never set snares where livestock are grazing. Avoid setting snares along the back of fence lines as cattle often lean over or push through to graze on the opposite side. Where possible, users should agree the positioning of snares with farmers and landowners. Snares should be set in order to avoid potential problems with livestock. AVOID SNARING WHERE YOU SEE THESE NON-TARGET SPECIES TRACKS Release of non-target species: IF IN DOUBT DO NOT SET A SNARE! If a non-target animal is caught, it must be released immediately unless the animal is so badly injured that it has to be humanely dispatched. It should be remembered that if humane despatch is deemed to be appropriate then the person responsible for the snare may be called upon to justify their actions in a court of law. Non-target animals caught in a snare can be released with the help of a garden fork. This can be achieved in the following way. Place the fork tines over the wire at the snare s anchor point and run them out along the wire until they are close to the animal s head. Push the fork into the ground to pin the animal by the neck. A blunt hook can then be slipped under the wire enabling it to be raised before cutting with wire cutters. The wire must never be cut anywhere else in the hope that the noose will fall off later. Non-target animals caught around the body, rather than the neck, are far more difficult to control. Offering such animals a stick to bite may keep them occupied long enough to cut the noose. If the captured animal has been seriously injured it must be humanely despatched as described previously.

19 ANNEX 3 Proposed Snares Order - Partial Regulatory Impact Assessment 1. This partial Regulatory Impact Assessment forms part of the consultation on the draft Order introducing further regulatory controls over the use of snares in Northern Ireland. Purpose and Intended Effect of Proposals 2. The purpose of this consultation is linked to the passage of the Wildlife and Natural Environment Act (WANE) through the Northern Ireland Assembly in The WANE Act amended the Wildlife (Northern Ireland) Order 1985 which regulates the use of snares in Northern Ireland. The 1985 Order prohibits the use of self-locking snares, however it is still legal to use free-running snares in relation to target species such as foxes and this form of capture is widely used in land management. The WANE Act introduced further regulatory controls to help prevent malpractice and abuse of snares. These safeguards included the introduction of an offence of setting in position or otherwise using a snare which is, on the basis of its design or manner in which it is used, calculated to cause unnecessary suffering; a change to the requirement to inspect all snares once a day; a requirement to release or remove any animal caught in a snare during the daily inspection; a new offence of possessing a self-locking snare and new offences of being in possession of, and of setting a snare on any land where the permission of the owner or occupier of that land has not been obtained. 3. The proposals led to debate during the passage of the WANE Act as there were those who wished to see the sale and use of snares in Northern Ireland outlawed altogether because of animal welfare concerns. 4. It was subsequently decided that a complete ban may have significant negative implications for countryside management practices such as farming, game management and the ability to effectively control pest

20 species. However, in recognising the concerns expressed, it was widely acknowledged that increased standards should be placed upon those who set and use snares. The WANE Act therefore gave the Department powers to introduce further technical provisions by way of an Order and the flexibility to update those standards at any time, as determined appropriate. 5. The aim of the proposals is to promote higher technical standards in relation to the specification of the snare itself and operator practice and thereby minimise the risks to animal welfare. Options Option 1 - Do Nothing 6. This option would mean a continuation of the current system with no improvements in the regulation of snaring. The current system does contain important safeguards in relation to snaring but it appears that improved regulation through the technical amendments suggested would be beneficial. 7. In addition, it is considered necessary to strive towards consistent high standards in the use of snares in order to attain public confidence that snaring is being carried out by responsible and competent operators, so this option is rejected. Option 2 Implement the technical improvements proposed in the draft Order to this consultation 8. This option will provide improved regulation of snaring in Northern Ireland and mitigate animal welfare issues. The use of stops in an appropriate manner will help reduce the potential of injury to non-target species. Drag snares have the potential of making the required daily inspection of snares difficult, if not impossible, and their use has an increased likelihood of serious injury to a captured animal. The continued use of drag snares could be seen as contrary to the principles of improved animal welfare.

21 Cost and Benefits Sectors and Groups Affected 9. Principally land managers. Under option 1 this group would not be affected. Under option 2 this group may have incidental costs to comply with any new regulation such as the universal application of stops and swivels on snares. However, it is thought that these costs would be minimal. Some land managers may also have to alter the manner in which they snare to comply with any improved regulation i.e. they may have to stop deploying drag snares. 10. If the results of the consultation indicate that further technical standards are considered appropriate, additional costs may arise for snare operators. Benefits 11. Under option 1, the main benefit would be that of continuity. 12. Under option 2 there would be improved regulation of snaring, a reduction in the incidence of capture and injury of non-target species and a similar reduction in the potential for injury to animals. Costs 13. Under option 1 there would be no further costs beyond what is currently required. 14. Under option 2 there may be additional costs for operators required to comply with any further regulation of snaring such as the purchase of stops and swivels to put on snares. However, it is thought that these costs would be minimal. 15. Those firms who sell snares may have to adapt to sell a modified product to conform to any new regulation but it is thought that this

22 difference would be minimal and it is offset by the benefits of this increased regulation and reduced reputational risk. Enforcement and Sanctions 16. The police will be responsible for enforcing the legislation, consistent with enforcement of the Wildlife Order (NI) Any offences created as a result of this consultation would be included within the Wildlife Order and as such would be subject to a maximum level 5 fine and/or six months imprisonment. 17. The Department will continue to work closely with relevant representative bodies to promote full compliance and operation of best practice. Conclusion 18. The proposals are considered an important step towards attaining higher standards in the use of snares in Northern Ireland and achieving an effective balance between ensuring the humane treatment of animals and the practical needs of good land management.