WILDLIFE ACT, 1976

• (b) to take or make photographic, video or other pictures of a protected wild animal of a species so specified on or near the breeding place of such an animal, or

• (c) to have in possession, for a reasonable period of time—

• (i) an injured or disabled protected wild animal, or

• (ii) one or more than one dependant young of a protected wild animal which is orphaned,

with the intention of tending and later releasing such animal or young back into the wild when and only when such animal or young, as the case may be, is no longer injured, disabled or dependant, or

• (d) to retain possession of a protected wild animal, that for reasons of disability or for other reasons deemed reasonable by the Minister, would, if released, be unlikely to survive unaided in the wild.]

• (7) Notwithstanding subsection (5) of this section, it shall not be an offence for a person—

• (a) while engaged in agriculture, fishing or F63[aquaculture, forestry or turbary,] unintentionally to injure or kill a protected wild animal, or

• (b) while so engaged to interfere with or destroy the breeding place of such an animal, or

• (c) while constructing a road or while carrying on any archaeological operation, building operation or work of engineering construction, or while constructing or carrying on such other operation or work as may be prescribed, F64[unintentionally to kill or injure such an animal or unintentionally to destroy or injure the breeding place or resting place] of such an animal, or

• (d) to capture an injured or disabled protected wild animal F65[, or the orphaned and dependant young of such an animal,] for the purpose of killing it humanely or with the intention of tending it and of later releasing it F65[when, but only when, the said animal or its dependant young, as the case may be, are no longer disabled or dependant] or

• (e) to kill humanely a protected wild animal which is either injured in the manner described in paragraph (a) of this subsection or captured in the manner described in paragraph (d) of this subsection, or so to kill a protected wild animal injured in the circumstances described in paragraph (c) of this subsection, F66[and where the animal is so injured or disabled that there is no reasonable chance of its recovering,]

and nothing in this section shall make unlawful,

• (i) the taking and killing of hares by coursing at a regulated coursing match which is held both during a period specified as regards hares in a hares order and in a place to which such order applies,

• (ii) the hunting of hares by means of a pack of beagles or harriers both during a period specified as regards hares in a hares order and in a place to which the order applies,

• (iii) anything which section 3 (3) of the Whale Fisheries Act, 1937, permits to be done, or

• (iv) anything which is duly done pursuant to F67[a licence or other permission granted or issued pursuant to the Wildlife Acts, 1976 and 2000, or which is duly done pursuant to any other statute] or statutory instrument, which is permitted to be done under such a statute or instrument or which is done pursuant to and in accordance with a licence or other permission granted or issued pursuant to such a statute or instrument or anything caused by or which results from, or is consequent upon or the effect of any other act or thing which is lawfully done.

• F68[(7A) the provisions of subsection (7) of this section shall not apply to the species listed in Annex IV (A) of Council Directive 92/43/EEC of 21 May 1992, and including any amendments that shall be made thereto.]

• (8) In any proceedings for an offence under this section relating to a protected wild animal which is of a species other than a species specified in Part II of the Fourth Schedule to this Act, it shall be a defence for the defendant to prove that any capturing or killing complained of was urgently necessary for the purpose of stopping damage described in section 42 (1) of this Act being caused and that in the particular circumstances of the case it was not practical for him to apply to the Minister beforehand for a permission under section 42 of this Act and that the defendant reasonably believed that damage mentioned in the said section 42 (1) was being caused by the protected wild animal to which the alleged offence relates or by protected wild animals of the same species as that of such protected wild animal.

• (9) In any proceedings for an offence under this section it shall not be necessary for the prosecution to prove that any act constituting (whether in whole or in part) the alleged offence was done otherwise than while the defendant was engaged in agriculture, fishing or F69[, aquaculture, forestry or turbary] F70[…].

• (10) Proceedings for an offence under this section may be taken in any District Court District, and in case such proceedings are taken and apart from this section the Justice before whom the proceedings are brought would not have jurisdiction to hear and determine the proceedings, then for the purpose of conferring such jurisdiction the offence may be treated as having been committed within the District Court District to which such Justice is assigned.

• (11) The Minister may by regulations provide that—

• (a) subsection (8) of this section shall have effect in relation to any proceedings for offences under this section relating to protected wild animals of a species specified both in Part II of the Fourth Schedule to this Act and in the regulations,

• (b) the said subsection (8) shall not have effect in relation to any such proceedings relating to protected wild animals of a species specified in the regulations,

and the said subsection (8) shall have effect accordingly.

23A. F71[Prohibition on deer hunting with dogs.

23A.— (1) In this section "deer" includes a deer that is not a wild animal.

• (2) Subject to subsection (3), a person who hunts deer with two or more dogs shall be guilty of an offence.

• (3) It shall not be an offence for a person on foot to hunt deer with 2 or more dogs, under and in accordance with—

• (a) a licence granted under section 29 of this Act, or

• (b) a permission granted under section 42 of this Act.]

24. Open seasons for certain protected wild birds.

24.—(1) Subject to sections 27 and 28 of this Act, the Minister may by order provide that any protected wild bird which is of a species specified in the order, may be hunted either throughout the State or in any part thereof specified in the order on a day or during a period of days so specified.

• (2) An order under this section may contain different provisions in relation to different areas and different species of protected wild birds, including provisions limiting the total number of any particular such species which may, during a period of days specified in the order, be killed F72[…] in hunting in accordance with the order either in relation to the area as a whole to which the order applies or to part of such area.

25. Open seasons for certain wild mammals.

25.—(1) Subject to sections 27 and 28 of this Act, the Minister may by order provide that any wild mammal (being a protected wild animal) which is of a species specified in the order (in this Act referred to as an exempted wild mammal) may be hunted in a manner so specified either throughout the State or in any part thereof specified in the order, on a day or during a period of days so specified.

• (2) An order under this section may contain different provisions in relation to different areas and different species of exempted wild mammals, including provisions limiting the total number of any particular species of such mammal which may, during a period of days specified in the order, be killed F73[…] in hunting in accordance with the order either in relation to the area as a whole to which the order applies or to part of such area.

26. Licences to hunt otters or deer and to hunt or course hares.

26.— (1) F74[…]

• (2) The Minister may grant to the master or other person having charge for the time being of a pack of beagles or harriers a licence to hunt hares in any district or districts specified in the licence with that pack on such day or days (being a day or days which are not specified in a hares order) as are both specified in the licence and are in the year in which the licence is granted.

• (3) The Minister may, on an application made by any coursing club which is affiliated to the Irish Coursing Club, grant to the applicant a licence to hold, on such day or days (being a day or days which are not specified in a hares order) as are both specified in the licence and are in the year in which the licence is granted, regulated coursing matches.

27. Temporary suspension of open seasons.

27.—(1) Where the Minister is satisfied that because of the severity of weather conditions occurring in the State or elsewhere, or for any other reason (which reason shall be specified in the order), it is desirable, in the interest of conserving fauna, to make an order under this section, he may by order prohibit during such period not exceeding one month as may be specified in the order, either throughout the State or in such area or areas thereof as may be so specified, the hunting of—

• (a) any protected wild bird which is of a species specified both in an order under section 24 of this Act and in the order under this subsection, or

• (b) any exempted wild mammal which is of a species specified in the order under this subsection.

• (2) In case before the commencement of an order under this section an order under section 24 or section 25 of this Act has been made and has not been revoked, the following provisions shall apply—

• (a) in case immediately before such commencement the order under the said section 24 or 25, as the case may be, was in force, it shall not have effect in relation to any protected wild bird or exempted wild mammal specified in the order under this section at any time during the period so specified, and

• (b) in case immediately before such commencement the order under the said section 24 or 25, as the case may be, had not come into force, then, notwithstanding anything contained in the order, unless the order under this section is sooner revoked, as regards any such protected wild bird or exempted wild mammal, the order under the said section 24 or 25, as the case may be, shall not come into force until the expiration of the period specified in the order under this section.

• (3) The Minister may by order extend the period specified in an order under subsection (1) of this section; provided that the period during which a prohibition under this section is to remain in force shall in no case exceed two months.

Chapter IV Restrictions to protect wildlife

28. General restriction as regards hunting or killing with firearms certain exempted wild mammals and certain protected wild birds.

28.—(1) A person shall not with firearms hunt or kill on any land an exempted wild mammal or a protected wild bird of a species specified in an order under section 24 of this Act which is for the time being in force unless—

• (a) the exempted wild mammal or the protected wild bird is hunted or killed pursuant to and in accordance with a licence granted under this Act, or deemed to have been granted under section 29 of this Act, and

• (b) the person is in relation to the land a qualified person for the purposes of this section.

• (2) A person shall in relation to land be qualified for the purposes of this section if he is at least sixteen years of age and—

• (a) is entitled to sporting rights over the land, or

• (b) is the guest, invitee, servant or agent, or possesses the written authority of a person who is entitled to sporting rights over the land, or

• (c) is a member of a body of persons which is entitled to sporting rights over the land or which has such authority, or

• (d) is a person who is of a class or description which the Minister by regulations declares to be a qualified class or description for the purposes of this section.

• F75[(2A)
• (a) An applicant for—

• (i) the grant of a licence under section 29 of this Act, or

• (ii) the grant or renewal of a certificate to which section 29(5) of this Act relates,

may, before the granting of any such licence or the granting or renewal of any such certificate, be required to supply satisfactory evidence that the applicant is a competent person to hold such a licence.

• (b) The evidence required under paragraph (a) of this subsection shall include the ability to identify certain species of fauna and to have a satisfactory knowledge of the relevant provisions of the Wildlife Acts, 1976 and 2000, and of any instruments made under those Acts.

• (c) The Minister may make regulations for the purpose of giving effect to this subsection.]

• (3) A person who contravenes subsection (1) of this section shall be guilty of an offence.

29. F77[Licences to hunt with firearms.

29.—(1) Subject to section 75(1) of this Act, the Minister may, on application to the Minister in that behalf, if he or she thinks fit, and on payment of the prescribed fee (if any), grant to a person, who when making the application makes a declaration in a form approved of for the purposes of this section by the Minister, a licence (operating in the manner specified in subsection (4) of this section) to hunt and kill with firearms, subject to the restrictions contained in section 33 of this Act, and such conditions (if any) as the Minister may attach to the licence, exempted wild mammals (other than hares).

• (2) In determining an application for a licence under subsection (1) or subsection (5)(b) of this section or a renewal under subsection (6) of this section, the Minister shall have regard to the conservation requirements of the species of protected wild birds or exempted wild mammals concerned.

• (3)
• (a) Notwithstanding subsection (2) of this section, and subject to this subsection, the Minister, before granting a licence under subsection (1) or subsection (5)(b) or renewing a licence under subsection (6), shall be of the opinion that the application is bona fide and that there is no good reason to refuse to grant the licence or renew it.

• (b) The Minister may, for the purpose of establishing that there is no good reason to refuse to grant or renew a licence under this section to a person ordinarily resident outside the State, treat any of the following as prima facie evidence of suitability to so grant or renew:

• (i) in the case of a person resident in a Member State of the European Community other than the State, any European Firearms Pass duly issued to such person to which F76[paragraphs (4) and (5) of Regulation 19 of the European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022] relate, or

• (ii) in any other case, any other permit, licence, authorisation or other document duly issued by an appropriate authority or body outside the State which the Minister considers acceptable.

• (c) The Minister may make such enquiries as he or she considers appropriate as to the suitability of any applicant for a licence under this section.

• (4) A licence granted or renewed by the Minister under this section shall remain in force for a period beginning on the day on which the licence is granted or renewed and ending on the next following 31st day of July and subject to its terms the licence shall operate to authorise the holder of the licence, for so long as the licence is in force, to hunt and kill with firearms any fauna to which the licence relates pursuant to and in accordance with such orders (if any) made under section 24 or 25 of this Act as are for the time being in force.

• (5)
• (a) F78[Subject to subsection (5A), where] a person applies to a Superintendent of the Garda Síochána for the grant of a firearm certificate under section 3 of the Firearms Act, 1925, or for the grant of a firearm certificate under section 2 of the Firearms (Firearm Certificates for Non-Residents) Act, 2000, or for the renewal under section 9 of the Firearms Act, 1964, of a firearm certificate granted under the said section 3 and makes a declaration referred to in subsection (1) of this section, the certificate shall, if it is endorsed in the manner described in subsection (8) of this section, for the purposes of sections 22(4) and 23(5) of this Act be deemed to be a licence granted by the Minister under this section and, subject to section 75(1) and to the restrictions contained in section 33 of this Act, such certificate shall, for so long as it is in force, operate to authorise the person to whom it is granted, with the firearm to which the certificate relates—

• (i) to hunt and kill pursuant to any order under section 24 of this Act which for the time being is in force any protected wild bird,

• (ii) to hunt and kill pursuant to and in accordance with any order under section 25 of this Act which is so in force, any hare.

• (b) Notwithstanding the provisions of paragraph (a) of this subsection, the Minister may, on application to him or her in that behalf, subject to section 75(1) of this Act, during the period referred to in subsection (2)(a)(i) of section 2 of the Firearms (Firearm Certificates for Non-Residents) Act, 2000, or that period as varied under that section, if the Minister thinks fit, grant to a person ordinarily resident outside the State, who when making the application makes a declaration referred to in subsection (1) of this section, a licence (operating in the manner specified in subsection (4) of this section) to hunt and kill with firearms, subject to the restrictions contained in section 33 of this Act, and such conditions (if any) as the Minister may attach to the licence, protected wild birds or hares to which an order under section 24 or section 25 of this Act for the time being applies.

• (c) Paragraph (b) of this subsection shall expire at the end of the period referred to in subsection (2)(a)(i) of section 2 of the Firearms (Firearm Certificates for Non-Residents) Act, 2000, or that period as varied under that section.

• F79[(5A)
• (a) A firearm certificate to which this subsection applies shall for the purposes of sections 22(4) and 23(5) of this Act be deemed to be a licence granted by the Minister under this section and, subject to section 75(1) and to the restrictions contained in section 33 of this Act, such certificate shall, for so long as it is in force, operate to authorise the person to whom it is granted, with the firearm to which the certificate relates, to engage in the activities referred to in subparagraphs (i) and (ii) of subsection (5)(a).

• (b) This subsection applies to a firearm certificate that is granted—

• (i) in respect of a shot-gun, and

• (ii) on or after 1 August 2009 F80[…].]

• (6) A licence granted by the Minister under this section (other than a licence deemed pursuant to subsection (5)(a) of this section to have been so granted) may, if the Minister thinks fit, be renewed by the Minister on the application of the holder of the licence who when making the application makes a declaration referred to in subsection (1) of this section.

• (7) A person aggrieved by a refusal by the Minister to grant a licence under subsection (1) or subsection (5)(b) of this section or to renew a licence under subsection (6) of this section may appeal to a Judge of the District Court against the refusal, and in determining the appeal the Judge may—

• (a) confirm the refusal, or

• (b) allow the appeal, inform the Minister of his or her decision and direct the Minister as soon as may be to grant to the applicant or renew, as may be appropriate, a licence under this section.

• (8) Where a firearm certificate is granted to a person described in subsection (5)(a) of this section, there shall be endorsed on the certificate the following:

"This certificate, for so long as it is in force, authorises the person to whom it is granted, with the firearm to which it relates—

• (a) to hunt and kill pursuant to any order under section 24 of the Wildlife Act, 1976, which is for the time being in force any protected wild bird within the meaning of that Act,

• (b) to hunt and kill pursuant to and in accordance with any order under section 25 of the said Act which is so in force, any hare.".

• (9) Where any convention, protocol or other agreement between the State and any other country or territory provides for the reciprocal recognition of licences granted or deemed to have been granted under this section and other licences, permits, permissions or authorisations granted or issued in that country or territory, the Minister may by regulations declare and provide that any such other licence, permit, permission or authorisation which is for the time being in force shall be deemed to be, and shall have the same legal effect as a licence under this section.

• (10)
• (a) The holder of a licence granted or renewed under this section or a firearm certificate endorsed in the manner described in subsection (8) of this section shall, if the Minister so requires either by a notice in writing sent to the holder or by a notice published for the purposes of this subsection in at least one daily newspaper published in the State, give to the Minister the following information, namely, a statement of the number and species of protected wild birds and the number and species of protected wild animals shot and taken by the holder during such period as the Minister specifies in the notice and either, as may be so specified, in any place in the State or in any place in a part of the State which is so specified.

• (b) The Minister may by regulations require the holder of a licence granted or renewed under this section or of a firearm certificate endorsed in the manner described in subsection (8) of this section to tag or otherwise mark, in a manner and at a time specified, any animal or bird captured or killed under such a licence or certificate.

• (11) A person who fails to comply with a requirement of the Minister under subsection (10) of this section shall be guilty of an offence.

• (12) Nothing in this section shall be construed as affecting anything contained in the Firearms Acts, 1925 to 2000.]

30. Hunting restricted on or over foreshore belonging to State and certain land so belonging.

F81[30.—(1) (a) A person shall not, without permission given in writing by the Minister, hunt protected wild animals and wild birds on or over foreshore belonging to the State or on or over land belonging to the State and which is either covered by any inland waters or comprised in the lakeshore accretion from any lake, or accretion from the sea where such land is owned by the State.

• (b) The Minister may by regulations—

• (i) in relation to wild birds—

• (I) apply this section, either generally or by reference to one or more species, to wild birds, or

• (II) apply this section generally to species of wild birds subject to the exclusion of one or more such species,

and

• (ii) in relation to wild animals—

• (I) apply this section, either generally or by reference to one or more species, to wild animals which are not protected wild animals, or

• (II) apply this section generally to species of wild animals which are not protected wild animals, subject to the exclusion of one or more such species.

• (c) The Minister may attach conditions in writing to any permission given under this subsection and may at any time vary such conditions or withdraw any such permission.

• (2) In determining an application for permission under this section, the Minister shall have regard to the conservation requirements of the species concerned.

• (3) Any person who contravenes subsection (1) of this section or fails to comply with a condition under that subsection shall be guilty of an offence.]

31. Sale, purchase and possession of certain perching birds prohibited.

31.—(1) It shall be an offence for any person to sell, purchase or have in his possession a live perching bird to which this section applies other than a close-ringed specimen bred in captivity F82[; but nothing in this subsection shall make unlawful the possession consequent upon the capture of any such bird pursuant to and in accordance with a licence or permission granted under this Act ].

• (2) This section applies to any live perching bird (order Passeriformes) of a species which occurs in a wild state in the State, Northern Ireland, Great Britain, the Channel Islands or the Isle of Man and which is not a species specified in the Third Schedule to this Act.

• (3) In any proceedings for an offence under this section it shall be a defence for the defendant to prove that—

• (a) he lawfully acquired the relevant perching bird before the commencement of this section, or

• (b) he lawfully acquired such bird from a person who so acquired it before such commencement.

• (4) In this section “close-ringed specimen” means a specimen of live perching bird (order Passeriformes) fitted with a continuous metal band or ring which has been slipped over its foot and on to its leg F83[not later than 10 days after it has been hatched.]

32. Ringing and marking, and possession of cannon-nets, etc. restricted.

32.—F84[(1) It shall be an offence for a person, otherwise than pursuant to and in accordance with a licence granted by the Minister for the purposes of this subsection, to—

• (a) mark by cutting, branding or tattooing, or

• (b) attach any band, ring, microchip, tag or other marking device to,

any wild animal or wild bird or to take by net, trap or by any other means any such animal or bird for the purposes of so marking it or attaching to it any band, ring, microchip, tag or other marking device.

• (1A) Subject to subsection (4) of section 31 of this Act, the Minister may by regulations specify the method of marking, including the type and size of any band, ring, microchip, tag or other marking device or substance, for the purposes of either or both the said section 31 and of this section and different methods may be specified for different species.

• (2) Subsection (1) of this section shall not apply to—

• (a) the close ringing of artificially reared wild birds,

• (b) captive bred birds prescribed in an open seasons order,

• (c) captive bred waterfowl collections, or

• (d) the clipping of the feathers of an artificially reared protected wild bird for purposes of the confinement prior to the release into the wild of such protected wild bird.]

• (3) It shall be an offence for a person to import F85[into the State from outside the European Union] or have in his possession a cannon-net, mist-net, rocket-net or similar appliance for taking or trapping unless he is the holder of a licence granted by the Minister for the purposes of subsection (1) of this section.

• F86[(3A) The granting of a licence under subsection (3) of this section shall not be construed as restricting any application of, or removing any obligation to comply with, the Firearms Acts, 1925 to 2000.]

• (4) A licence granted for the purposes of subsection (1) of this section may, as the Minister thinks fit, apply to wild animals and wild birds (other than artificially-reared wild birds) generally or to such species of such animals and birds as are specified in the licence.

• (5) A licence granted for the purposes of subsection (1) of this section may be expressed, and if so expressed shall operate, to authorise the doing of, within an area or areas specified in the licence, and only within such area or areas, the things permitted to be done by the licence.

• (6) A person shall not be convicted under this section and under section 22, 23 or 34 of this Act in respect of the same act.

33. Restriction on use of certain firearms etc.

33.—(1) It shall be an offence for a person to F87[hunt or injure in the course of hunting]—

• (a) with a repeating or automatic shotgun (other than a repeating or automatic shotgun which is adapted or modified so as to render it incapable of carrying more than three shotgun cartridges), with an airgun, air-rifle, gas-rifle, pistol or revolver, or with any firearm fitted with a silencer device, any wild bird,

• (b) with a rifle, any protected wild bird.

• (2) It shall be an offence for a person to F88[hunt] or injure any wild bird or wild F88[animal] with a spring gun, or with tracer shot or with F88[any explosive other than ammunition for, and used with, a firearm].

• (3) It shall be an offence for a person to F89[hunt or injure in the course of hunting] with a shotgun a protected wild animal other than a hare F90[otherwise than under and in accordance with a licence granted in that behalf by the Minister.]

• (4) Subject to the foregoing subsections of this section, the Minister may make regulations specifying the type and calibre of firearms and ammunition which may be used to hunt wild birds and wild F91[animals] and providing that firearms and ammunition of any other type and calibre shall not be used to hunt such birds or F91[animals].

• (5) In this section “rifle” includes both a gas-rifle and an air-rifle.

34. Certain use of traps, snares etc. prohibited.

34.—(1) Notwithstanding anything contained in this Act apart from this section but subject to section 42, a person shall not—

• F92[(a) hunt any wild bird, wild mammal or protected wild animal by means of a trap, snare, net, line, hook, arrow, dart, spear or similar device however propelled, instrument or missile, or birdlime or any substance of a like nature, or any poisonous, poisoned or stupefying bait, any gas or smoke or chemical wetting agent or any electrical device which is calculated or likely to cause death, unconsciousness or bodily injury to such bird, mammal or animal, or

• (b) affix, place or set—

• (i) any trap, snare or net for killing or taking a wild bird, wild mammal or protected wild animal, or

• (ii) any line, hook, electrical device or other device or instrument, calculated or likely to cause death or bodily injury to any wild bird, wild mammal or protected wild animal coming in contact with it,

on any tree, pole, cairn or other structure in, or in the vicinity of, any place frequented by wild birds, wild mammals or protected wild animals, or

• (c) lay any poisonous or poisoned substance or stupefying bait, or any gas or smoke or chemical wetting agent, being a substance, bait or agent which is calculated or is likely to cause injury, or facilitate the capture of, a wild bird, wild mammal or protected wild animal, in or in the vicinity of, any place mentioned in paragraph (b) of this subsection, or on any tree, pole, cairn or other structure in or in the vicinity of such place.]

• (2) Subsection (1) of this section shall not apply to or render unlawful—

• (a) the affixing, placing or setting of a trap, snare or net which for the time being stands approved for the purposes of this section by virtue of regulations under this section,

• (b) the taking or killing by means of any such trap, snare or net of any wild bird which is not a protected wild bird or any F93[wild animal] which is not a protected wild animal,

and nothing in the said subsection (1) shall make unlawful anything which is duly done pursuant to a statute (other than this Act) or statutory instrument, which is permitted to be done under such a statute or instrument or which is done pursuant to and in accordance with a licence or other permission granted or issued pursuant to such a statute or instrument or anything caused by or which results from, or is consequent upon or the effect of any other act or thing which is lawfully done.

• (3) Subsection (1) of this section shall not apply to any of the following if done pursuant to and in accordance with a licence granted in that behalf by the Minister:

• (a) the capture alive, on land specified in the licence by means of a trap, snare or net of any species of wild bird F94[or wild animal] specified in the licence, for the purpose of propagating or of improving the quality of such species,

• (b) the capture alive by means of nets of hares by or on behalf, or at the request, of a coursing club affiliated to the Irish Coursing Club,

• (c) the capture alive by means of nets or other devices of hawks or falcons for the purpose of lawful falconry within the State,

• F95[(cc) the capture or killing of any wild bird or any wild animal in or on, or the removal of any such bird or animal from, any premises or other land by means of any poisoned, poisonous or stupefying substance specified in the licence, or any gas or smoke or chemical wetting agent or other devices so specified, for the purpose of stopping or preventing serious damage being caused to any thing to which section 42(1) of this Act relates,]

• F96[(d) the capture alive of, or the taking of dead, wild birds or wild animals, for research or other scientific or educational purposes or for removal of live wild birds or wild animals to a new habitat, or to a place specified in the licence.]

• (4) The Minister may by regulations declare a trap, snare or net which is of a particular type, class or description specified in the regulations—

• (a) to be approved of for the purposes of this section and may, if he thinks fit, regulate its use as regards wild birds or wild F97[animals.]

• (b) to be a trap, snare or net to which subsection (6) of this section applies.

• F98[(4A) In relation to wild animals to which this section does not otherwise apply, the Minister may by regulations—

• (a) apply this section to such wild animals, either generally or by reference to one or more species, or

• (b) apply this section generally to species of such wild animals, subject to the exclusion of one or more such species.]

• (5) Any person who contravenes subsection (1) of this section shall be guilty of an offence.

• F99[(6) Any person who imports into the State from outside the European Union, or has in his possession other than pursuant to and in accordance with a licence granted by the Minister in that behalf, or who in the course of his trade or business sells or offers for sale a trap, snare or net which pursuant to subsection (4) of this section is for the time being declared by the Minister to be a trap, snare or net to which this subsection applies shall be guilty of an offence.]

• (7) A person shall not be convicted under this section and under section 22 or section 23 of this Act or section 8 of the Protection of Animals Act, 1911, in respect of the same act.

• F100[(8) The other provisions of this section are without prejudice to sections 7 and 14 of the Protection of Animals (Amendment) Act, 1965.]

35. Certain use of scarecrows, decoys birdcalls and calls of wild mammals restricted.

35.—(1) Notwithstanding anything contained in this Act apart from this section, but subject to section 42, a person shall not—

• F101[(a) use, for the purpose of hunting, repelling or scaring any wild bird or any wild animal—

• (i) any live wild bird or live wild animal which is tethered or secured by braces or other similar appliance or which is confined in a cage or pen or which is blind, maimed or injured, or

• (ii) any kite, light trap, balloon, aircraft (including model aircraft) or similar device,

or

• (b) use, as a decoy for the purpose of hunting any wild bird or any wild animal, any live wild animal or live bird, or,]

• (c) use a stuffed or artificial decoy in the form of any bird for the purpose of hunting any protected wild birds, other than F102[wood pigeons,] wild duck and wild geese, or

• F103[(d) use an electrical or other instrument or appliance (including recording apparatus) emitting sound, for the purpose of hunting any wild bird or any wild animal.]

• (2) Subsection (1) of this section shall not apply to the use of a whistle or similar instrument or appliance imitating, or emitting calls similar to, the calls of plover, wild duck or wild geese, which is operated (whether wholly or partly) manually or orally, for the purpose of hunting any of those wild birds.

• (3) Notwithstanding the foregoing provisions of this section, the Minister may by order prohibit throughout the State or in any particular area thereof—

• F104[(a) the use for hunting, repelling or scaring any wild bird or any wild animal of a species specified in the order of any stuffed or artificial decoy or any device, whistle, instrument or appliance which is of a particular type, class or description specified in the order, or,]

• (b) the use of any orally or manually operated whistle or other instrument or appliance (not being recording apparatus) which imitates, or emits calls similar to, the calls of F105[plover,] wild duck or wild geese or emits recorded such calls.

• F106[(4) Notwithstanding the foregoing provisions of this section, a decoy, vehicle or an instrument or appliance, including electrical or other recording apparatus emitting sound for the purpose of repelling, scaring or capturing any wild bird or any wild animal, may be used, pursuant to and in accordance with a licence granted in that behalf by the Minister, for scientific research or for another purpose approved of by the Minister.]

• F107[(4A) Nothing in this section shall be construed as restricting—

• (a) the practice of falconry lawfully carried out in accordance with a licence or licences granted in accordance with section 41 of this Act, or

• (b) the taking, killing or use of a wild animal, which is not a protected wild animal, for the purpose of, or while engaged in the practice of fishing.]

• (5) The Minister may grant to a person a licence to use as a decoy a live wild bird which is of a species specified in the Third Schedule to this Act and which is confined in a cage or pen and every licence granted pursuant to this subsection shall have attached thereto the following conditions, namely—

• (a) the bird shall be so used only for hunting birds of the same species, and

• (b) the bird while being so used shall be regularly provided by the holder of the licence, or by someone on his behalf, with ample food and water and shall, when caged, only be kept in a cage which is of sufficient dimensions to enable it to move and exercise freely.

• (6) A person who—

• (a) otherwise than pursuant to and in accordance with a licence granted by the Minister under subsection (4) or (5) of this section does anything prohibited by subsection (1) of this section,

• (b) contravenes an order made by the Minister under this section,

shall be guilty of an offence.

36. Use of mechanically-propelled vehicles, vessels and aircraft in hunting prohibited.

36.—(1) Notwithstanding anything contained in this Act apart from this section F108[…], a person shall not hunt or disturb for the purpose of hunting—

• (a) any F109[wild animal] by means of a mechanically-propelled vehicle, vessel or aircraft, whether it is being so propelled or is stationary,

• (b) any F110[wild bird] by means of such a vehicle, vessel or aircraft while it is being so propelled.

• (2) Notwithstanding subsection (1) of this section, a mechanically-propelled vehicle, vessel or aircraft may be used to capture or kill, pursuant to and in accordance with a licence granted in that behalf by the Minister and for such educational, scientific or other purposes as are specified in the licence, F111[wild birds or wild animals] of a species so specified.

• (3) Subsection (1) of this section shall not make unlawful anything which section 3 (3) of the Whale Fisheries Act, 1937, permits to be done.

• (4) Subject to subsections (2) and (3) of this section, a person who contravenes subsection (1) of this section shall be guilty of an offence.

• F112[(5) In this section, "mechanically-propelled" includes propulsion which is electrical or partly electrical and partly mechanical.]

37. Hunting by night restricted.

37.—(1) Notwithstanding anything contained in this Act apart from this section but subject to section 42, a person shall not hunt—

• (a) a woodcock at any time between sunset and sunrise,

• (b) any other protected wild bird, other than a wild duck or a wild goose, or any protected wild animal at any time during any period beginning one hour after sunset and ending one hour before sunrise.

• (2) Subsection (1) of this section shall not apply to—

• (a) hunting protected wild birds pursuant to and in accordance with a licence granted by the Minister under section 22 (9) of this Act for a purpose mentioned in paragraph (a) or (d) of that section, or

• (b) hunting protected wild animals pursuant to and in accordance with a licence granted by the Minister under section 23 (6) of this Act.

• (3) A person who contravenes subsection (1) of this section shall be guilty of an offence.

38. Use of lamps, mirrors etc. in hunting prohibited.

F113[38.—(1) Any person who uses—

• (a) any lamp, light, torch, mirror or other artificial light-reflecting or dazzling device or appliance, or

• (b) any device for illuminating, image intensifying or heat seeking a target, or

• (c) any sighting device for night shooting, or

• (d) any device or appliance which is of a type, class or description specified in an order under subsection (2) of this section,

in hunting any protected wild bird or protected wild animal otherwise than while either—

• (i) attaching thereto any band, ring, tag or other marking device, or

• (ii) hunting for educational or scientific purposes or for any other purpose,

pursuant to and in accordance with a licence granted under this Act by the Minister, shall be guilty of an offence.

• (2)
• (a) The Minister may by order declare a device or appliance which is of a type, class or description specified in the order to be a device or appliance to which subsection (1) of this section applies.

• (b) The Minister may amend or revoke an order made under this subsection.]

39. Burning of vegetation near woods or certain other land restricted.

39.—(1) A person shall not burn any vegetation growing within one mile of—

• (a) a wood which is not the property of such person, or

• (b) land to which an establishment order, a recognition order, a designation order or an agreement under section 18 of this Act relates,

unless such person has, not less than seven days or more than thirty-five days before burning such vegetation, given notice of his intention to do so in writing to both the sergeant in charge of a Garda Síochána station in the Garda Síochána district in which the wood or land is situate and to—

• (i) in the case of a wood, the occupier of the wood,

• (ii) in the case of land to which an establishment order, a recognition order or an agreement under the said section 18 relates, the Minister together with, in case the Minister is not the owner of the land, the occupier,

• (iii) in the case of land to which a designation order relates, the Minister.

• (2) Where notice is given under subsection (1) of this section, the Minister or any other person to whom the notice is given may within three days after receiving the notice serve a counter-notice on the person by whom such notice was given objecting to the proposed burning on the ground that it is liable to cause damage to the wood or land concerned.

• (3) A person shall not—

• (a) light a fire, or

• (b) do any other act,

which causes, or is likely to cause, the burning of vegetation which is growing within one mile either of a wood which is not the property of such person or of land mentioned in paragraph (b) of subsection (1) of this section.

• (4) Any person who burns vegetation, lights a fire or does any other act in contravention of this section shall be guilty of an offence.

• (5) Where a person—

• (a) burns any vegetation either in contravention of subsection (1) of this section or after giving the notice required by this section and receiving a counter-notice under this section,

• (b) lights a fire or does any other act in contravention of subsection (3) of this section,

any injury occasioned by such burning, lighting or doing to,

• (c) in case the contravention is a contravention of the said subsection (1), any wood or land in respect of which a notice ought to have been or was served under this section, or

• (d) in case the contravention is a contravention of the said subsection (3), any wood which is not the property of such person or any land mentioned in paragraph (b) of the said subsection (1),

shall be deemed to have been caused by the negligent act of that person, and damages to the extent of that injury shall be recoverable accordingly in any court of competent jurisdiction from that person by the owner of such wood or land, as the case may be.

• F114[(6) In this section "wood" includes a forest within the meaning of section 2 of the Forestry Act 2014.]

40. Destruction of vegetation on uncultivated land restricted.

F116[40.—(1) (a) It shall be an offence for a person to cut, grub, burn or otherwise destroy, during the period beginning on the 1st day of March and ending on the 31st day of August in any year, any vegetation growing on any land not then cultivated.

• (b) It shall be an offence for a person to cut, grub, burn or otherwise destroy any vegetation growing in any hedge or ditch during the period mentioned in paragraph (a) of this subsection.]

• (2) Subsection (1) of this section shall not apply in relation to—

• (a) the destroying, in the ordinary course of agriculture or forestry, of any vegetation growing on or in any hedge or ditch;

• (b) the cutting or grubbing of isolated bushes or clumps of gorse, furze or whin or the mowing of isolated growths of fern in the ordinary course of agriculture;

• F117[(c) the cutting, grubbing or destroying of vegetation in the course of any works being duly carried out for reasons of public health or safety by a Minister of the Government or a body established or regulated by or under a statute;

• (cc) the clearance of vegetation in the course of fisheries development works carried out by the F118[Inland Fisheries Ireland] or a regional fisheries board in the exercise of its functions under the F118[Inland Fisheries Acts 1959 to 2010];]

• (d) the destroying of any noxious weed to which the Noxious Weeds Act, 1936, applies;

• F119[(e) the clearance of vegetation in the course of road or other construction works or in the development or preparation of sites on which any building or other structure is intended to be provided;]

• (f) the removal or destruction of vegetation required by a notice served by the Minister under section 62 (1) of the Act of 1946 to be removed or destroyed;

• F120[(g) the felling, cutting, lopping, trimming or removal of a tree, shrub, hedge or other vegetation pursuant to section 70 of the Roads Act 1993;]

but this subsection shall not operate to exclude from subsection (1) of this section anything done by burning.

• F121[(3) The Minister may request from the person concerned details of any works carried out under subsection (2)(c) and such details shall be furnished to the Minister by that person together with a statement of the public health or safety factors involved.

• (4) In any proceedings taken in respect of a contravention of this section consisting of the doing of any act, it shall be a good defence to prove that the doing of that act was necessary for the purpose of extinguishing or preventing the spread of a fire while it was in progress or for the purpose of saving human life or was necessary in any other emergency in respect of which that act was an appropriate measure.]

Chapter V Miscellaneous

41. Falconry etc.

41.—(1) F122[Notwithstanding anything contained in section 22 or 23 of this Act, the Minister may make regulations]—

• (a) regulating hunting by means of eagles, hawks, falcons F123[owls, buzzards, kites, vultures, harriers and other birds of the orders Accipitriformes, Falconiformes and Strigiformes] trained to hawk for sport, or otherwise governing the practice of falconry,

• (b) regulating the taking of eagles, hawks, falcons F123[owls, buzzards, kites, vultures, harriers and other birds of the orders Accipitriformes, Falconiformes and Strigiformes] for F124[breeding or] training to hawk for sport,

• (c) regulating the possession, breeding, training to hawk for sport, display or exhibition of eagles, hawks, falcons F123[owls, buzzards, kites, vultures, harriers and other birds of the orders Accipitriformes, Falconiformes and Strigiformes]

• (d) providing that a person shall not, save under and in accordance with a licence granted in that behalf by the Minister—

• (i) engage in falconry,

• F125[(ii) take, have in his possession or under his control any eagle, hawk, falcon, owl, buzzard, kite, vulture, harrier or other birds of the orders Accipitriformes, Falconiformes and Strigiformes or the eggs or young of any eagle, hawk, falcon, owl, buzzard, kite, vulture, harrier or other birds of the orders Accipitriformes, Falconiformes and Strigiformes,

• (iii) engage in breeding any eagle, hawk, falcon, owl, buzzard, kite, vulture, harrier or other bird of the orders Accipitriformes, Falconiformes and Strigiformes,]

• (e) providing for the payment of prescribed fees by applicants for licences granted by the Minister for the purposes of this section,

• (f) providing for any matters ancillary or incidental to any of the foregoing.

• (2) The Minister may grant licences for the purposes of this section.

42. Damage by wild birds etc.

42.—(1) Where F126[serious] damage is being caused by protected wild birds or by protected wild animals to—

• (a) F127[food (including human food products and animal feeds)] livestock, poultry or agricultural crops (including vegetables or fruit) either on pasture or on cultivated land,

• (b) pen-reared wild birds on any land,

• (c) other fauna,

• (d) flora,

• (e) a woodland or a forest plantation, F128[…]

• (f) a fishery,

• F129[(g) buildings and other structures and their contents, or

• (h) aquaculture installations,]

notwithstanding any other provision of this Act, the Minister may cause to be taken by a person authorised by him in that behalf (who is hereby empowered to take) such steps, including entering on any land and the capture or killing of any such wild bird or any such wild animal, as he thinks appropriate to stop the damage.

• F130[(1A) Any person who by act or omission impedes or obstructs a person authorised by the Minister in the lawful exercise of a power conferred by subsection (1) of this section shall be guilty of an offence.]

• (2) Where damage described in subsection (1) of this section is being caused, the Minister may, before exercising in relation to the damage the powers conferred on him by subsection (1) of this section, require the person who is the owner or is in occupation of the property being damaged to give to him an indemnity indemnifying the Minister, or any person acting on his behalf, against all claims relating to anything done by or on behalf of the Minister by virtue of the said subsection (1) in relation to the damage.

• (3) Where damage described in subsection (1) of this section is being caused, the owner or occupier of the property to which the damage is being caused, or any other person duly authorised by the owner or occupier in that behalf, may apply to the Minister for a permission under this section.

• (4) An application to the Minister for a permission under this section shall include particulars of the damage in relation to which the application is made and in case the Minister decides to grant the permission, notwithstanding any other provision of this Act, the permission shall, subject to its terms, operate to enable the owner or occupier, or any other person duly authorised to act on his behalf, to F131[scare,] capture or kill any protected wild bird or any protected wild animal which the owner, occupier or other person reasonably believes is causing the damage and to take such other steps (if any) to stop the damage as are specified in the permission.

• (5) An application for a permission under this section may be made to the Minister F132[…] or to any other person who is authorised for the time being by the Minister to receive such applications.

• F133[(6) In addition to the foregoing, the following provisions shall apply in relation to a permission granted under this section:

• (a) the permission shall be valid only for such period and in relation to such area as are specified therein,

• (b) particulars of all protected wild birds and protected wild animals captured or killed pursuant to the permission shall be furnished to the Minister by the person to whom the permission is given at such times and in such form as is specified in the permission,

• (c) notwithstanding any other provision of this Act, the Minister may grant the permission subject to conditions which may include one or more of the following:

• (i) that any scaring, capture or killing pursuant to the permission is to be effected by a specified means,

• (ii) that any wild bird or any wild animal captured or killed pursuant to the permission shall have affixed to it a tag or other mark of identification to be specified by the Minister,

• (iii) that any wild bird or any wild animal captured pursuant to the permission shall be removed to a place specified by the Minister for subsequent release or be disposed of in such other manner as may be so specified,

• (iv) that any wild bird or any wild animal killed pursuant to the permission shall be removed to a place specified by the Minister or be disposed of in such other manner as may be so specified,

• (v) that the total number of any particular species of protected wild bird or protected wild animal captured or killed pursuant to the permission shall be limited to such number as is specified in the permission.]

• (7) F134[…]

43. Land drainage schemes.

43.—(1) Where the Commissioners propose to undertake either—

• (a) a drainage scheme within the meaning of the F135[Arterial Drainage Acts, 1945 and 1995], which is one to which this section applies, or

• (b) any other land drainage scheme,

F136[which is likely or liable to affect, or to interfere with, or is] in respect of an area which includes land to which an establishment order, a recognition order or a designation order applies, or land to which an agreement made under section 18 of this Act applies F137[or land particulars of which have been included in a notice or order under Chapter II of Part III of the Wildlife (Amendment) Act, 2000], the Commissioners shall, before commencing the scheme, consult the Minister to ascertain if and to what extent the proposed scheme if carried out would affect or interfere with the suitability of the land affected by the scheme for a F138[nature reserve, refuge, natural heritage area or area subject to a notice served under section 16(2)(b) of the Wildlife (Amendment) Act, 2000], as may be appropriate, and take all practicable steps including, where appropriate, the limitation of the drainage scheme to minimise or avoid such effect or interference.

• (2) This section applies to any drainage scheme within the meaning of the Arterial Drainage Act, 1945, not being a scheme of which a copy has been exhibited in accordance with section 5 of that Act before the commencement of this section.

44. Unlawful hunting or entry on land and other miscellaneous matters.

44.—F139[(1) Any person, not being the owner or occupier of land, who, without the permission of the owner or occupier of the land or, in the case some other person is entitled to enjoy sporting rights over the land, that other person—

• (a) hunts a wild bird or wild animal on the land,

• (b) carries or brings on the land a thing mentioned in section 72(7) (as amended by section 65(d) of the Act of 2000), or

• (c) shoots over or into the land,

commits an offence.]

• (2) F139[Where a person who is neither the owner nor the occupier of land carries on the land a thing mentioned in section 72(7),] any of the following persons may demand of him (and take when given) his name and address, namely:

• (a) the owner or occupier of the land or a person authorised by him to exercise on his behalf the powers exercisable by such owner or occupier under this section,

• (b) a person who is entitled to enjoy sporting rights over the land or some other person so authorised by him to exercise on his behalf the powers exercisable by him under this section,

• F140[(bb) an authorised person or a member of the Garda Síochána,]

• (c) the holder, or a person deemed pursuant to F141[subsection (5) or (5A) of section 29] of this Act to be the holder, of a licence granted under that section;

provided that the power conferred by this section on a person mentioned in paragraph (c) of this subsection shall only be exercisable on the production by him of F142[…] a current licence granted to him pursuant to the said section 29 F143[a current firearm certificate to which subsection (5A) of that section applies] or a current firearm certificate granted to him and endorsed in accordance with the requirements of subsection (8) of that section.

• F144[(2A) An authorised person or a member of the Garda Síochána in exercising a power under subsection (2) of this section may size any firearm, other weapon or device or part thereof.]

• (3) A person who refuses or who fails to give his correct name and address on a demand therefor being duly made pursuant to this section or who on such demand gives a name and address which is false or misleading shall be guilty of an offence.

• (4) Summary proceedings for an offence under this section may be prosecuted by—

• (a) a person who at the time at which the offence is alleged to have been committed (in this subsection referred to as the relevant time) is the owner or is in occupation of the land in relation to which the offence is alleged (in this subsection referred to as the relevant land),

• (b) any individual who as regards the relevant land is at the relevant time entitled to enjoy sporting rights over such land,

• (c) and in the name of the person who at the relevant time is the secretary of a recognised body which at such time is entitled to enjoy sporting rights over the relevant land;

provided that such an offence shall only be prosecuted by the secretary of a recognised body if,

• (i) prior to the relevant time a notice stating that sporting rights specified in the notice over land so specified have been reserved for the body is published in a newspaper circulating in the area in which the relevant land is situate, and

• (ii) the land so specified comprises or includes the relevant land.

• (5) The Minister may by regulations declare any association, club, society or other body of persons which has for or amongst its objects the conservation of game to be a recognised body for the purposes of this section, and any body to which regulations under this subsection for the time being relate is in this section referred to as a recognised body.

• (6) Subject to compliance with the requirements of the proviso to subsection (4) of this section, a notice published for the purposes of section 15 of the Game Preservation Act, 1930 (repealed by this Act), shall be regarded as having been published for the purposes of this Act.

• F145[(7) In any proceedings for an offence under this section it shall not be necessary for the prosecutor to prove that, at the time of the offence, a defendant—

• (a) was on the land without lawful authority, or

• (b) was not the owner or occupier of the land,

and in case a defendant claims that he was on the land with lawful authority or is either the owner or occupier of the land, the onus of proving such authority, or that he is the owner or occupier of the land, shall be on the defendant.]

• (8) In this section “game” means any exempted wild mammal or any protected wild bird which is of a species specified in an order under section 24 of this Act.

PART III Regulation and control of wildlife dealing and the transport, import and export of wildlife

45. Sale, purchase and possession of fauna restricted.

45.—F146[(1) A person who is not a licensed wildlife dealer shall not keep, transport, sell or exchange, keep for sale or exchange, offer for sale or exchange, purchase for resale or exchange or engage in taxidermy in respect of—

• (a) a protected wild bird or protected wild animal, at any stage of its life, whether alive or dead, or any parts products or derivatives of such wild bird or animal

• (b) the eggs of a protected wild bird or the eggs or spawn of a protected wild animal, or any parts, products or derivatives thereof,

• (c) fauna, at any stage of its life, whether alive or dead, set out in F147[Part 1 or 2 of the First Schedule to the European Communities (Birds and Natural Habitats) Regulations 2011], and being fauna within the meaning of this Act,

and shall not publish or cause to be published any advertisement, catalogue, circular or price list likely to be understood as conveying that such a person buys or sells, or intends to buy or sell, or engages in taxidermy in respect of any protected wild bird or protected wild animal.]

• (2) Subject to subsections (3) and (8) of this section and to F148[sections 22(5), 23(7)(d), 31 and 42 of this Act], a person who is not a licensed wildlife dealer shall not have in his possession a protected wild bird or a protected wild animal, whether alive or dead, or the eggs of a protected wild bird F149[or the eggs or spawn of a protected wild animal or any part, product or derivative thereof.]

• (3) Subsection (1) of this section shall not apply to—

• (a) the sale by a person F150[, who has obtained the prior permission of the Minister in writing so to do,] of any live specimen of a protected wild bird or protected wild animal solely for the purposes of propagating, or of improving the quality of, such species,

• (b) the sale by a person of live hares to a coursing club affiliated to the Irish Coursing Club,

• (c) the sale to a licensed wildlife dealer by a person of any protected wild bird or protected wild animal lawfully killed F150[or captured] by him,

• F150[(cc) the sale by a person of any live perching bird which is a close-ringed specimen within the meaning of section 31(4) of this Act, and to which that section applies,]

• (d) the sale by any person, who has obtained the prior permission of the Minister so to do, of any lawfully killed F150[or captured] such wild bird or wild animal.

• (4) A person who is the owner, manager or person otherwise in charge of any hotel, guest house, inn, restaurant, public eating house, registered club within the meaning of the Registration of Clubs Acts, 1904 to 1962, or any other premises in which meals are provided for reward, shall not purchase a protected wild bird or a protected wild animal otherwise than from a licensed wildlife dealer, unless such person is himself such a dealer.

• (5) A person mentioned in subsection (4) of this section who is not a licensed wildlife dealer shall keep in such form as the Minister approves a record of all purchases of protected wild birds or protected wild animals made in relation to the premises so mentioned and of which he is the owner or manager or of which he is otherwise in charge, and records kept pursuant to this subsection shall be kept available for inspection at the said premises by an authorised person on demand at any reasonable time.

• (6) An authorised person may inspect and, if he thinks fit, take copies of any entry in any record kept pursuant to subsection (5) of this section.

• F151[(7) A person who contravenes subsection (1), (2), (4), F152[…] (12) or (13) of this section or who fails to comply with the requirements of subsection (5) of this section shall be guilty of an offence.]

• F151[(8) In any proceedings for an offence under this section in which it is alleged that subsection (2) or (13) of this section was contravened, it shall be a defence for the defendant to prove that—

• F153[(a) the wild bird, wild animal or any other part, product or derivative of such wild bird or wild animal had been lawfully acquired by the defendant before the 1st day of June, 1977, or that it or they had been lawfully acquired from a person who had lawfully acquired it or them,

• (b) in case the alleged offence relates to a protected wild bird or a protected wild animal or to any other part, product or derivative of such a wild bird or wild animal that it or they had lawfully been killed, captured or acquired by the defendant or had been lawfully acquired from a person who had lawfully killed, captured or acquired it or them.]]

• F154[(9) Subject to subsection (9A) of this section, nothing in this section shall make unlawful the possession consequent upon any other thing which is—

• (a) done pursuant to and in accordance with a licence or permission granted under this Act, or

• (b) permitted to be done by or under any statute other than this Act, or

• (c) otherwise lawfully done,

of a protected wild bird or a protected wild animal or the eggs of a protected wild bird or any eggs or spawn of a protected wild animal.]

• F150[(9A) Where possession of a protected wild bird or a protected wild animal results from the unintentional capture of the bird or animal and such possession is continuing, the person in apparent possession or control of the bird or animal shall, at the direction of the Minister, release or otherwise dispose of the bird or animal in such manner as the Minister thinks fit.]

• (10) References in this section to a protected wild bird or a protected wild animal shall, except in relation to taxidermy, be construed as including references to the flesh F150[, or to any other part, product or derivative,] of such a bird or animal, and in relation to taxidermy the said references in this section shall be construed as including references to the skin, plumage or any other part of such a bird or animal.

• F155[(11) F156[…]

• (12) A licensed wildlife dealer shall not sell, keep for sale, purchase for resale or engage in taxidermy in respect of eggs taken from the wild of a protected wild bird.

• (13) Subject to subsection (8) of this section and to section 22(5) of this Act, a licensed wildlife dealer shall not have in his possession eggs taken from the wild of a protected wild bird.]

• F150[(14) The Minister may by regulations—

• (a) in relation to wild birds—

• (i) apply this section, either generally or by reference to one or more species, to wild birds, or

• (ii) apply this section generally to species of wild birds subject to the exclusion of one or more such species,

and

• (b) in relation to wild animals—