Richard Robin Orton, of Westland Road, Wolverhampton, was utilizing Larsen traps in his again backyard to catch the birds.
The RSPCA was alerted to the difficulty after witnesses raised issues in regards to the welfare of the magpies.
One of the birds was housed inside a wire cage, with access to solely half of it.
There was a “small quantity” of “very soiled water” current, however no meals inside attain.
There was additionally a “vital” quantity of faeces inside the cage which was “extraordinarily foul smelling”, the RSPCA has mentioned.
In the part of the cage the hen was unable to access, there was what gave the impression to be a chunk of rabbit pores and skin.
The magpie was in “poor bodily situation”, with a outstanding breast bone and muscle loss.
A second magpie – who a vet concluded was even thinner than the primary, with no fats overlaying and a lack of muscle – may additionally solely access half of the cage it was housed in, which was constructed from wooden and rooster wire.
This cage resembled related situations to the primary, with inexperienced, soiled water current, no meals inside attain and a considerable amount of faeces.
In the veterinary report, it was mentioned: “Both birds would have suffered unnecessarily for at least two weeks however in actuality possible longer.
“They didn’t have their welfare wants met because of the failure to supply an acceptable setting.
“From the quantity of faeces noticed inside the traps, it’s my opinion that no cleansing or removing of droppings had occurred inside the earlier 4 weeks, however possible a significantly longer time period.
“It should be worrying and distressing to be residing in the identical space as you go faeces with no-way to take away your self from these situations.”
RSPCA Inspector Ben Jones investigated the difficulty on behalf of the animal welfare charity.
Mr Jones mentioned: “Every 12 months the RSPCA receives many calls from the general public involved about the usage of Larsen traps to seize wild birds.
“Larsen traps can be made of wood or metal and contain two or three compartments to allow the use of a live decoy bird, like a magpie, to attract other magpies in defence of their territory.
“Although such traps are legal, strict controls relate to their use. If these are breached – and it is easy to do so – the trap setter loses the legal protection of a general licence for trapping and killing magpies and could face being prosecuted.
“People who trap magpies could leave themselves open to prosecution should they infringe any one of a number of strict conditions relating to the use of Larsen traps.
“Trap setters have to provide the decoy bird with food, water, shelter and a perch and inspect the trap every 24 hours.
“Sadly there is great potential for suffering of wild birds in being contained in cramped, unsuitable spaces, as we’ve seen here with the two birds found in Orton’s possession.”
Orton, aged 39, was disqualified from conserving birds and ferrets for 5 years and ordered to pay £312 when he was sentenced at Birmingham Magistrates Court on April 17.
His conviction beneath the Animal Welfare Act 2006 additionally signifies that he can not use Natural England’s General Licences.
The magpies have been each launched again into the wild.
