S.I. No. 397/1985 - European Communities (Wildlife Act, 1976) (Amendment) Regulations, 1985.

S.I. No. 397 of 1985.

EUROPEAN COMMUNITIES (WILDLIFE ACT, 1976) (AMENDMENT) REGULATIONS, 1985.

I, PADDY O`TOOLE, Minister for Fisheries and Forestry, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), for the purpose of giving effect to Council Directive No. 79/409/EEC of 2 April, 1979⁽¹⁾, hereby make the following Regulations:

1. (1) These Regulations may be cited as the European Communities ( Wildlife Act, 1976 ) (Amendment) Regulations, 1985.

(2) These Regulations shall come into operation on the 6th day of December, 1985.

2. (1) In these Regulations "the Directive" means Council Directive No. 79/409/EEC of 2 April, 1979⁽¹⁾.

⁽¹⁾ O.J. No. L103/1, 25.4.1979.

(2) A word or expression that is used in these Regulations and is also used in the Directive shall, unless the contrary intention is expressed, have in these Regulations the meaning that it has in the Directive.

3. The Wildlife Act, 1976 (No. 39 of 1976), is hereby amended by—

( a ) the insertion of the following definition after the definition of "the Minister" in section 2: " 'ornithology' means any study of wild birds for the purposes of research or teaching which leads to a better understanding of the biology, ecology and conservation requirements of wild birds;",

( b ) the substitution of the following paragraph for paragraph (c) of subsection (5) of section 22: "(c) to remove for conservation purposes or to destroy unintentionally the eggs or nest of a protected wild bird in the ordinary course of agriculture or forestry,",

( c ) the substitution of the following paragraph for paragraph (f) of subsection (5) of section 22: "(f) to take eggs of a protected wild bird for the purpose of having them hatched out for re-population, or re-introduction to the wild, or, for such purpose, to move such eggs from the next of such a bird to that of another bird of the same species, or",

( d ) the substitution of the following paragraph for paragraph (h) of subsection (5) of section 22: "(h) 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, unintentionally to kill or to injure a protected wild bird or to remove for conservation purposes or unintentionally to destroy, injure or mutilate the eggs or nest of a protected wild bird, ", and

( e ) the insertion in section 45 of—

(i) the following subsection for subsection (1)—

"(1) A person who is not a licensed wildlife dealer shall not sell, keep for sale, purchase for resale, or engage in taxidermy in respect of a protected wild bird or protected wild animal, whether alive or dead.",

(ii) the insertion of the following subsection for subsection (7)—

"(7) A person who contravenes subsection (1), (2), (4), (11), (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.",

(iii) the insertion of the following subsection for subsection (8)—

"(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—

( a ) he either had lawfully acquired the wild bird, wild animal or eggs, as may be appropriate, before the commencement of this section or had acquired it or them 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, he had lawfully killed or captured it or had lawfully acquired it from a person who had lawfully killed or captured it.",

(iv) the insertion of the following subsections after subsection (10)—

"(11) A person who is not 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.

(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.",

( f ) the deletion of the following species of wild bird from the Third Schedule thereto—

"Carrion Crow

Greater Black—backed Gull

Herring Gull

Hooded (Grey) Crow

House Sparrow

Jackdaw

Jay

Lesser Black—backed Gull

Magpie

Pigeons including wood pigeon

Rook

Starling".

GIVEN under my Official Seal this 2nd day of December, 1985.

PADDY O'TOOLE,

Minister for Fisheries and Forestry.

EXPLANATORY NOTE.

These Regulations amend certain provisions of the Wildlife Act, 1976 , for the purpose of giving full effect to E.C. Council Directive of 2 April, 1979, on the conservation of wild birds. The Regulations strengthen the existing protection afforded under the Act to wild birds from unnecessary disruption caused by certain activities such as ornithology, agriculture, forestry, road construction, archaeology or building and engineering operations and make unlawful the sale of eggs taken from the wild or, save under very limited circumstances, the possession of eggs taken from the wild. The Regulations also provide that certain species of wild birds hitherto included in the Third Schedule to the Wildlife Act, 1976 , shall be removed from that Schedule. The effect of this provision is to declare these species to be protected species for purposes of the Act.