Illegal Trap

Hunter (33) Now Faces Trial After Bird Trapping

Adult red kites have a wingspan of up to 180 centimeters.(Bild: Alois Litzlbauer)

A red kite was found in early March in an illegally set trap in Sankt Florian am Inn (Upper Austria). The Ried/Innkreis District Attorney’s Office has filed criminal charges against a hunter for animal cruelty. He faces up to two years in prison.

It was an anonymous tip that reached Walter Christl, chairman of the Upper Austria Nature Conservation Association, in early March of this year. The tip stated that a protected bird of prey had been caught in an illegally set trap in St. Florian am Inn. Christl reacted promptly and drove to the specified location to assess the situation for himself.

And sure enough, he came across a “hawk basket”—a live-capture trap for birds of prey. A red kite was entangled in its net. Christl freed the bird, as he is authorized to do so in his capacity as a nature conservation officer. He then took the red kite into his care, intending to nurse it back to health. Unfortunately, the bird of prey did not survive the following night.

Strictly prohibited throughout the EU
Christl contacted the animal welfare organization “BirdLife,” which filed a criminal complaint against persons unknown. This is because, according to the EU Birds Directive, the trapping of birds of prey is strictly prohibited. The police investigation revealed that a hunter had been responsible for setting the trap. He did not deny this, but justified his actions by claiming that he had only intended to catch a marten.

Birds of prey are protected year-round. The red kite was subjected to unnecessary suffering as a result of the live trap being set. 

Alois Ebner, Leiter der Staatsanwaltschaft Ried/I.

Diversion was not possible
The Ried Public Prosecutor’s Office has now filed criminal charges against the 33-year-old on suspicion of animal cruelty (Section 222 of the Austrian Criminal Code). “For the case to be resolved through diversion, the man would have had to make a remorseful confession,” confirmed agency head Alois Ebner.

It is not known how long the red kite was trapped. However, it was subjected to unnecessary suffering. The man’s argument that he had intended to catch a marten rather than a bird was, in any case, counterproductive. Ebner: “This trap would have been prohibited for catching martens in general.”

Unclear Cause of Death
If convicted, the defendant faces up to two years in prison. The verdict will also determine whether the hunter’s hunting license will be revoked. A necropsy of the bird’s carcass, commissioned by “BirdLife,” was unable to determine the cause of death.