PART III

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

45. —(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) a protected wild bird or protected wild animal, whether alive or dead, or

(b) the eggs of a protected wild bird.

(2) Subject to subsections (3) and (8) of this section and to sections 22 (5), 23 (7) (d) 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.

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

(a) the sale by a person 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 by him,

(d) the sale by any person, who has obtained the prior permission of the Minister so to do, of any lawfully killed 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.

(7) A person who contravenes subsection (1), (2), or (4) of this section or who fails to comply with the requirements of subsection (5) of this section, shall be guilty of an offence.

(8) In any proceedings for an offence under this section in which it is alleged that subsection (2) 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.

(9) Nothing in this section shall make unlawful the possession consequent upon any other thing which is either—

(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,

of a protected wild bird or a protected wild animal or the eggs of a protected wild bird.

(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 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.

46. —(1) Where the Minister is satisfied that it is in the interests of the conservation of any species of protected wild bird or protected wild animal so to do, subject to subsection (5) of this section, he may by regulations prohibit, or control in such manner as he considers appropriate and specifies in the regulations, the purchase or sale of that species for such period as may be so specified.

(2) The Minister may make regulations regulating or controlling the carrying on by licensed wildlife dealers of the business of wildlife dealing.

(3) Without prejudice to the generality of subsection (2) of this section, regulations under this section may—

(a) prescribe conditions with regard to premises used by licensed wildlife dealers for wildlife dealing,

(b) prescribe the form and period of validity of a wildlife dealer's licence and the form and period of validity of a renewal of such a licence,

(c) specify the species of fauna which may be sold or purchased for resale by the holder of a wildlife dealer's licence pursuant to the licence,

(d) require the keeping by the holder of a wildlife dealer's licence of such registers, books, records, invoices, receipts or other documents relating to the business of wildlife dealing as may be prescribed, and require any such document to be produced by such holder when required to do so by an authorised person at a reasonable time,

(e) provide for the entry in such registers or records of such particulars relating to wildlife as may be prescribed,

(f) require the display in such premises of a current wildlife dealer's licence,

(g) provide that a protected wild bird or a protected wild animal shall not be confined, kept, or exposed for sale in a cage in such premises, or while it is being transported from one place to another by or on behalf of such dealer for purposes of display, sale or exhibition, unless the cage is of a prescribed size, type or description, and

(h) make any other provision which is ancillary or incidental to any of the foregoing.

(4) An authorised person may inspect and, if he thinks fit, take copies of any entry in any document produced pursuant to a requirement of regulations under this section.

(5) Regulations under this section which relate to a species of fish or aquatic invertebrate animal shall, in so far as they relate to such species, be made by the Minister only after consultation with the Minister for Agriculture and Fisheries.

47. —(1) Subject to subsection (2) of this section, a person shall not carry on business as a wildlife dealer except under and in accordance with a wildlife dealer's licence.

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

(a) in relation to a person who immediately prior to the commencement of this section was carrying on business as a wildlife dealer, during the period of three months beginning on the commencement of this section,

(b) in relation to a person who acquires (by purchase or otherwise) premises in which immediately prior to the acquisition the business of wildlife dealing was duly carried on, during the period of three months beginning on the date of the acquisition,

(c) in relation to the personal representative of a licensed wildlife dealer, during the period of six months beginning on the date of the death of such dealer.

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

48. —(1) A Justice of the District Court may, on application being made in that behalf, if he thinks fit, grant a certificate authorising the issue of a licence (in this Act referred to as a wildlife dealer's licence) to the applicant authorising him to carry on business as a wildlife dealer at premises specified both in the certificate and in the licence.

(2) A wildlife dealer's licence shall remain in force for the period prescribed in that behalf under section 46 (3) of this Act and such period shall begin on the day on which the licence is issued.

(3) If the court by which a certificate for a wildlife dealer's licence was granted so thinks fit, the court may, on application being made in that behalf, from time to time grant a certificate for the renewal of the licence for periods prescribed under the said section 46 (3) in that behalf.

(4) The Minister shall, on the application of a person to whom a certificate for the issue of a wildlife dealer's licence, or for the renewal of such a licence, has been granted and on payment by him of the fee (if any) required by law, issue to the applicant a wildlife dealer's licence or, as may be appropriate, renew the applicant's such licence.

(5) The court in considering an application for the grant of a certificate under this section may have regard to—

(a) the suitability of the applicant, taking into account the purposes of this Act, to hold a wildlife dealer's licence, and

(b) the ability of the applicant to comply with regulations made under section 46 (2) of this Act which are for the time being in force.

(6) Every applicant for the grant of a certificate under this section shall notify the Minister in writing by registered post of the application and the Minister shall have the right to appear and be heard at the hearing of the application.

(7) The court by which the relevant certificate was granted under this section may, on application being made in that behalf by the holder of a wildlife dealer's licence, amend the licence in any of the following ways, namely, by inserting in the licence (in addition to the references to premises already contained therein) a reference to specified premises, by deleting such a reference from the licence or by substituting, in lieu of such a reference, another such reference in the licence.

49. —(1) Where a person who holds a wildlife dealer's licence is convicted of an offence under section 31 of this Act, or an offence under section 69 (2) of this Act because of a contravention of, or of a failure to comply with, regulations made under section 41 or 46 of this Act, the court by which the person is convicted may revoke the licence and such revocation shall be in addition to any other punishment imposed by the court in respect of the offence.

(2) Where a court revokes a wildlife dealer's licence pursuant to this section, the registrar or clerk of the court shall, as soon as may be, send to the Minister a copy of the court's order.

50. —(1) The Minister may, if he thinks fit, publish from time to time and in such manner as he considers appropriate, a notice listing all persons who on the day specified in the notice were the holders of wildlife dealers' licences.

(2) Where a wildlife dealer's licence is revoked under section 49 of this Act and the Minister has received a copy of the order revoking the licence, if either—

(a) no appeal is taken against the order and the period during which such an appeal may be taken has expired, or

(b) such an appeal is taken and the order is confirmed on appeal or the appeal is withdrawn,

the Minister may publish, in such manner as he considers appropriate, notice of the revocation.

51. —(1) This section applies to any package, parcel, box or other container which contains all or any of the following, namely:

(a) any protected wild bird or protected wild animal,

(b) the dead body, carcase or any other part either of a protected wild bird or protected wild animal,

(c) eggs of a protected wild bird.

(2) Every package, parcel, box or other container to which this section applies shall, if transported, whether by hand or otherwise, be marked conspicuously either on the outside thereof or on a label attached thereto, so as clearly to indicate—

(a) that the package, parcel, box or other container contains protected wild birds or protected wild animals, as may be appropriate, and

(b) the name and address of the consignor.

(3) Any person who consigns or transports a package, parcel, box or other container which is not marked in the manner required by subsection (2) of this section and who knows that the package, parcel, box or other container, as the case may be, contains any thing mentioned in paragraph (a), (b) or (c) of subsection (1) of this section shall be guilty of an offence.

(4) In any proceedings for an offence under this section, it shall be a good defence to show that a package, parcel, box or other container to which the alleged offence relates did not contain at the time of the alleged offence protected wild birds or protected wild animals other than the following, namely, a protected wild bird or an exempted wild mammal lawfully hunted by virtue of an order under section 24 or 25 of this Act or the dead body or any part of such a protected wild bird or exempted wild mammal.

52. —(1) The Minister may, after consultation with the Minister for Agriculture and Fisheries, by regulations prohibit the importation, save under and in accordance with a licence granted by or on behalf of the Minister under this section, of all or any of the following:

(a) any wild animal or wild bird of a species specified in the regulations,

(b) the dead body or the carcase of a wild animal or wild bird which is of a species so specified,

(c) any part, other than the carcase, or any product of a wild animal or wild bird which is a part or product so specified,

(d) the eggs or spawn of a species of wild animal or wild bird which is so specified,

(e) any plant of a species so specified,

(f) the flowers or roots of any such plant,

(g) any part, other than the flowers or roots, or any product of any such plant which is a part or product so specified.

(2) The Minister may grant to a person a licence to import any thing the importation of which is prohibited by regulations made under subsection (1) of this section.

(3) The Minister may authorise a person to grant on his behalf a licence mentioned in subsection (2) of this section.

(4) Where an animal, plant or other thing is imported in contravention of this section, an officer of Customs and Excise may require any person (being the importer or carrier concerned) to export the animal, plant or other thing within a specified time, and if such person fails to comply with such requisition he shall be guilty of an offence and the animal, plant or other thing shall be killed or otherwise disposed of as the Minister directs.

(5) Nothing in this section or in section 53 of this Act shall restrict, prejudice or affect the functions of the Minister for Agriculture and Fisheries under the Destructive Insects and Pests (Consolidation) Act, 1958 , the Diseases of Animals Act, 1966 , or the Fisheries Acts, 1959 to 1974, or the functions of the Minister for Health under section 31 of the Health Act, 1947 , as amended by section 34 of the Health Act, 1953 .

53. —(1) Subject to section 52 (5) of this Act, the Minister may, after consultation with the Minister for Agriculture and Fisheries, by regulations prohibit the export, save under and in accordance with a licence granted by or on behalf of the Minister under this section, of all or any of the following:

(a) protected wild birds or protected wild animals of a species specified in the regulations,

(b) the dead body or the carcase either of a protected wild bird or protected wild animal of a species so specified,

(c) any part, other than the carcase, or any product of a wild animal or wild bird which is a part or product so specified,

(d) the eggs or spawn of a species of wild animal or wild bird which is so specified,

(e) wild plants which are of a species which is so specified and to which an order under section 21 of this Act for the time being applies,

(f) the flowers or roots of any such wild plant,

(g) any part, other than the flowers or roots, or any product of any such plant which is a part or product so specified.

(2) The Minister may grant to a person a licence to export any thing the export of which is prohibited by regulations made under subsection (1) of this section.

(3) The Minister may authorise a person to grant on his behalf a licence mentioned in subsection (2) of this section.

(4) Any officer of the Minister for Posts and Telegraphs may detain and examine and if necessary open for that purpose any postal packet addressed to a place outside the State and containing, or suspected by him of containing, any thing which is being exported in contravention of this section, and if a postal packet so detained contains any such thing, the officer of the Minister for Posts and Telegraphs shall dispose of the packet and its contents in accordance with the instructions of the Minister.

(5) Nothing in this section shall restrict, prejudice or affect the functions of the Minister for Agriculture and Fisheries under the Agricultural and Fishery Products (Regulation of Export) Act, 1947 , or functions which are for the time being transferred to and vested in the Minister for Industry and Commerce by an order under section 5 of that Act.

54. —No order or regulation made under or thing done in accordance with the provisions of this Act shall absolve the importer, exporter or other person concerned with the import or export of any animal, plant or other thing from complying with the relevant requirements of the Customs Acts in regard to the animal, plant or other thing concerned.