Moomin1
Well-Known Member
I have no issues with controlling the population by humane methods, but I don't believe it is humane.
I thought it was only illegal to interfere with a licensed legal trap? Of course, I wasn't advocating the op do anything illegal. But the lack of shelter would mean its not a legal trap? Therefore provided the trap isn't damaged there's no charges to answer. In fact, i'm sure there's a law stating that by knowingly letting something suffer you're complicit in the abuse. So it could be argued that without shelter being provided you were simply acting to prevent charges being brought against yourself.
With regard to your last comments about being complicit in the abuse - I think you are maybe getting confused with the Animal Welfare Act which states that if a person causes an animal to suffer, they are guilty of an offence, and if you are the person responsible for the care of an animal, and you allow someone else to cause it to suffer (knowingly) then you commit and offence.
In this instance this doesn't apply because OP is not the owner or person responsible for this bird, he didn't set the trap himself (or herself) and it is not on his/her land knowingly.
I agree with the fact that this trap is not a legal trap if there is no shelter. But OP could still get in a lot of trouble for entering the person's land and damaging the trap.