Court acquits hunter after protected red kite dies in trap

A court in Ried acquitted a 33-year-old hunter of animal cruelty on Wednesday over the death of a protected red kite caught in a net trap, ORF reported. The bird was found in early March in a trap on a farm field in the municipality of St Florian am Inn, in Schärding district, and died four days later.

Prosecutors alleged that the hunter had set a spring net trap baited with a hare carcass, causing the bird unnecessary suffering. He said he intended to catch a marten and checked the trap daily. The court ruled that it had not been proved that he deliberately caused the bird suffering and accepted the defence argument that the trap was not being used to catch birds.

A court-appointed hunting expert said the trap was unsuitable for catching martens because they could quickly free themselves from the net, according to conservation group BirdLife Austria. The expert said the type of trap was not generally prohibited. The Schärding district hunting association had distanced itself from wildlife crime and the illegal persecution of protected species, while saying the device was not a prohibited hawk trap. The Upper Austrian hunting association described it as permitted and conditionally suitable for catching martens.

BirdLife criticised the unclear legal position and said hunting experts disagreed over whether using such traps was lawful and consistent with responsible hunting. The group called for the planned revision of Upper Austria’s hunting law to clearly specify which traps are permitted.

BirdLife also cited a comparable case in Ried district in 2023, in which a hunting supervisor was penalised over a similar net trap baited with hare parts. According to the Upper Austrian Administrative Court’s findings, he lost his hunting licence and his role as a hunting supervisor.

Red kites are strictly protected under European Union rules, which prohibit catching, injuring or killing them. BirdLife estimates that 80 to 120 breeding pairs currently live in Upper Austria. About 20 years ago, the species was considered extinct there, and conservation groups say red kites are particularly vulnerable to illegal poisoning and traps.