Wildlife Act 1976

Number 39 of 1976

WILDLIFE ACT 1976

REVISED

Updated to 16 May 2022

This revised Act is an administrative consolidation of the Wildlife Act 1976. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Merchant Shipping (Investigation of Marine Casualties) (Amendment) Act 2022 (8/2022), enacted 16 May 2022, and all statutory instruments up to and including the Flora (Protection) Order 2022 (S.I. No. 235 of 2022), made 11 May 2022, were considered in the preparation of this revision.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 39 of 1976

WILDLIFE ACT 1976

REVISED

Updated to 16 May 2022

About this Revised Act

This revision presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Wildlife Acts 1976 to 2021: this Act is one of a group of Acts included in this collective citation (Planning and Development, Heritage and Broadcasting (Amendment) Act 2021, s. 1(3)). The Acts in the group are:

• Wildlife Act 1976 (39/1976)

• Wildlife (Amendment) Act 2000 (38/2000)

• Wildlife (Amendment) Act 2010 (19/2010)

• Wildlife (Amendment) Act 2012 (29/2012)

• Heritage Act 2018 (15/2018), Part 3 (ss. 6-10)

• Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), Part 2 Chapter 3 (ss. 12, 13)

Forestry Acts 1946 to 2009: this Act is one of a group of Acts included in this collective citation (Forestry (Amendment) Act 2009, s. 2(2)). The Acts in the group are:

• Forestry Act 1946 (13/1946) (Repealed)

• Forestry Act 1956 (6/1956) (Repealed)

• Wildlife Act 1976 (39/1976), ss. 55 and 63

• Forestry Act 1988 (26/1988)

• Forestry (Amendment) Act 2009 (40/2009)

This Act is also to be collectively construed with a number of pieces of related legislation. Included in this group are:

• European Communities (Natural Habitats) (Amendment) Regulations 2005 (S.I. No. 378 of 2005)

• European Communities (Birds and Natural Habitats) (Restrictions of the Use of Poison Bait) Regulations 2010 (S.I. 481 of 2010)

• European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. 477 of 2011)

• European Communities (Birds and Natural Habitats) (Amendment) Regulations 2013 (S.I. 499 of 2013)

• European Communities (Birds and Natural Habitats) (Amendment) Regulations 2015 (S.I. No. 355 of 2015)

Legislation previously collectively construed with this Act but no longer in force include:

• European Communities (Natural Habitats) Regulations 1997 (S.I. No. 94 of 1997), other than part IV

• Firearms (Temporary Provisions) Act 1998 (32/1998)

• European Communities (Birds and Natural Habitats) (Control of Recreational Activities) Regulations 2010 (S.I. No. 293 of 2010)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022)

• Maritime Jurisdiction Act 2021 (28/2021)

• Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021)

• Heritage Act 2018 (15/2018)

• Forestry Act 2014 (31/2014)

• Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013)

• Wildlife (Amendment) Act 2012 (29/2012)

• Environment (Miscellaneous Provisions) Act 2011 (20/2011)

• Ministers and Secretaries (Amendment) Act 2011 (10/2011)

• Wildlife (Amendment) Act 2010 (19/2010)

• Inland Fisheries Act 2010 (10/2010)

• Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009)

• Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2009)

• Courts and Court Officers Act 2002 (15/2002)

• Wildlife (Amendment) Act 2000 (38/2000)

• Firearms (Firearm Certificates For Non-Residents) Act 2000 (20/2000)

• Finance Act 1999 (2/1999)

• Firearms (Temporary Provisions) Act 1998 (32/1998)

• Heritage Act 1995 (4/1995)

• Postal and Telecommunications Services Act 1983 (24/1983)

All Acts up to and including Merchant Shipping (Investigation of Marine Casualties) (Amendment) Act 2022 (8/2022), enacted 16 May 2022, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Flora (Protection) Order 2022 (S.I. No. 235 of 2022)

• European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022 (S.I. No. 209 of 2022)

• Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2021 (S.I. No. 302 of 2021)

• Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 339 of 2020)

• European Communities (Cites Simplified Procedures) Regulations 2019 (S.I. No. 411 of 2019)

• Nature Reserve (Newcastle Lough) Recognition Order 2018 (S.I. No. 602 of 2018)

• Flora (Protection) Order 2015 (S.I. No. 356 of 2015)

• European Communities (Birds and Natural Habitats) (Amendment) Regulations 2015 (S.I. No. 355 of 2015)

• European Communities (Birds and Natural Habitats) (Amendment) Regulations 2013 (S.I. No. 499 of 2013)

• Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 2012 (S.I. No. 402 of 2012)

• Wildlife (Wild Mammals) (Open Seasons) (Amendment) Order 2012 (S.I. No. 398 of 2012)

• European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

• Wildlife (Import and Export of Fauna and Flora) (Designation of Ports and Airports) (Amendment) Regulations 2011 (S.I. No. 377 of 2011)

• Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 192 of 2011)

• Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 2011 (S.I. No. 39 of 2011)

• Wildlife Act 1976 (Temporary Suspension of Open Season) (No. 2) (Amendment) Order 2010 (S.I. No. 613 of 2010)

• Wildlife Act 1976 (Temporary Suspension of Open Season) (No.2) (Amendment) Order 2010 (S.I. No. 598 of 2010)

• Wildlife Act 1976 (Temporary Suspension of Open Season) (No. 2) Order 2010 (S.I. No. 582 of 2010)

• European Communities (Birds and Natural Habitats)(Restrictions on use of Poisoned Bait) Regulations 2010 (S.I. No. 481 of 2010)

• European Communities (Birds and Natural Habitats) (Control of Recreational Activities) Regulations 2010 (S.I. No. 293 of 2010)

• Wildlife Act 1976 (Temporary Suspension of Open Season) (Amendment) Order 2010 (S.I. No. 6 of 2010)

• Wildlife Act 1976 (Temporary Suspension of Open Season) Order 2010 (S.I. No. 2 of 2010)

• Wildlife (Wild Mammals) (Open Seasons) (Amendment) (No. 2) Order 2008 (S.I. No. 346 of 2008)

• Wildlife (Wild Mammals) (Open Seasons) (Amendment) Order 2008 (S.I. No. 27 of 2008)

• Wildlife (Wild Mammals) (Open Seasons) Order 2005 (S.I. No. 550 of 2005)

• European Communities (Natural Habitats) (Amendment) Regulations 2005 (S.I. No. 378 of 2005)

• Nature Reserve (Fenor Bog) Recognition Order 2004 (S.I. No. 86 of 2004)

• Wildlife Act 1976 (Approved Traps, Snares and Nets) Regulations 2003 (S.I. No. 620 of 2003)

• Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 356 of 2002)

• Wildlife (Import and Export of Fauna and Flora) (Designation of Ports and Airports) Regulations 2001 (S.I. No. 375 of 2001)

• Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 2000 (S.I. No. 280 of 2000)

• Nature Reserve (Clochar na gCon) Establishment Order 1999 (S.I. No. 310 of 1999)

• Flora (Protection) Order 1999 (S.I. No. 94 of 1999)

• Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1998 (S.I. No. 332 of 1998)

• Wildlife (Wild Mammals) (Open Seasons) Order 1998 (S.I. No. 331 of 1998)

• Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1997 (S.I. No. 363 of 1997)

• European Communities (Wildlife Act, 1976) (Amendment) Regulations 1997 (S.I. No. 152 of 1997)

• European Communities (Natural Habitats) Regulations 1997 (S.I. No. 94 of 1997)

• Wildlife (Wild Mammals) (Open Seasons) (Amendment) Order 1996 (S.I. No. 220 of 1996)

• Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1996 (S.I. No. 219 of 1996)

• Wildlife (Wild Birds) (Open Seasons) (Amendment) (No. 2) Order 1995 (S.I. No. 304 of 1995)

• Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1995 (S.I. No. 249 of 1995)

• Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 1995 (S.I. No. 61 of 1995)

• Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 1994 (S.I. No. 443 of 1994)

• Nature Reserve (Cummeragh River Bog) Establishment Order 1994 (S.I. No. 116 of 1994)

• Nature Reserve (Knocksink Wood) Establishment Order 1994 (S.I. No. 58 of 1994)

• Nature Reserve (Kilcolman Bog) Recognition Order 1993 (S.I. No. 315 of 1993)

• Nature Reserve (Kilcolman Bog) Establishment Order 1993 (S.I. No. 314 of 1993)

• Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1993 (S.I. No. 225 of 1993)

• Nature Reserve (Scragh Bog) Establishment Order 1992 (S.I. No. 350 of 1992)

• Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1992 (S.I. No. 233 of 1992)

• Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1991 (S.I. No. 268 of 1991)

• Refuge For Fauna (Cow Rock) Designation Order 1991 (S.I. No. 237 of 1991)

• Refuge For Fauna (Bull Rock) Designation Order 1991 (S.I. No. 236 of 1991)

• Nature Reserve (Redwood Bog) Establishment Order 1991 (S.I. No. 173 of 1991)

• Nature Reserve (Glengarriff) Establishment Order 1991 (S.I. No. 172 of 1991)

• Nature Reserve (Leam West) Establishment Order 1991 (S.I. No. 171 of 1991)

• Wildlife Act, 1976 (Protection of Wild Animals) Regulations 1990 (S.I. No. 112 of 1990)

• Nature Reserve (Castlemaine Harbour) Establishment Order 1990 (S.I. No. 10 of 1990)

• Nature Reserve (Meenachullion) Establishment Order 1990 (S.I. No. 9 of 1990)

• Nature Reserve (Balleyteige Burrow) Establishment Order 1990 (S.I. No. 8 of 1990)

• Nature Reserve (Sheheree Bog) Recognition Order 1990 (S.I. No. 7 of 1990)

• Nature Reserve (Knockmoyle/Sheskin) Establishment Order 1990 (S.I. No. 6 of 1990)

• Nature Reserve (Easkey Bog) Establishment Order 1990 (S.I. No. 5 of 1990)

• Wildlife Act, 1976, (Control of Importation of Wild Animals and Wild Birds), Regulations 1989 (S.I. No. 296 of 1989)

• Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1989 (S.I. No. 221 of 1989)

• Nature Reserve (Derrycunihy Wood) Recognition Order 1989 (S.I. No. 111 of 1989)

• Nature Reserve (Derrymore Island) Recognition Order 1989 (S.I. No. 110 of 1989)

• Nature Reserve (Tearaght Island) Recognition Order 1989 (S.I. No. 109 of 1989)

• Nature Reserve (Tearaght Island) Establishment Order 1989 (S.I. No. 108 of 1989)

• Nature Reserve (Knockomagh Wood) Establishment Order. 1989 (S.I. No. 107 of 1989)

• Nature Reserve (Tralee Bay) Establishment Order 1989 (S.I. No. 106 of 1989)

• Refuge For Fauna (Old Head of Kinsale) Designation Order 1989 (S.I. No. 11 of 1989)

• Wildlife (Transfer of Departmental Administration and Ministerial Functions) Order 1988 (S.I. No. 353 of 1988)

• Nature Reserve (Little Skellig) Recognition Order 1988 (S.I. No. 236 of 1988)

• Nature Reserve (Great Skellig) Establishment Order 1988 (S.I. No. 235 of 1988)

• Nature Reserve (Fiddown Island) Establishment Order 1988 (S.I. No. 234 of 1988)

• Nature Reserve (Baldoyle Estuary) Establishment Order 1988 (S.I. No. 233 of 1988)

• Nature Reserve (North Bull Island) Recognition Order 1988 (S.I. No. 232 of 1988)

• Nature Reserve (North Bull Island) Establishment Order 1988 (S.I. No. 231 of 1988)

• Refuge For Fauna (Rockabill Island) Designation Order 1988 (S.I. No. 100 of 1988)

• Refuge For Fauna (Horn Head) Designation Order 1988 (S.I. No. 99 of 1988)

• Refuge For Fauna (Cliffs of Moher) Designation Order 1988 (S.I. No. 98 of 1988)

• Nature Reserve (Lough Nambrackdarrig) Establishment Order 1988 (S.I. No. 73 of 1988)

• Nature Reserve (Lough Yganavan) Establishment Order 1988 (S.I. No. 72 of 1988)

• Nature Reserve (Rogerstown Estuary) Establishment Order 1988 (S.I. No. 71 of 1988)

• Nature Reserve (Derkmore Wood) Establishment Order 1988 (S.I. No. 70 of 1988)

• Nature Reserve (Glenealo Valley) Establishment Order 1988 (S.I. No. 69 of 1988)

• Nature Reserve (Glendalough) Establishment Order 1988 (S.I. No. 68 of 1988)

• Refuge For Fauna (Lady’s Island) Designation Order 1988 (S.I. No. 23 of 1988)

• Nature Reserve (Raheenmore Bog) Establishment Order 1987 (S.I. No. 280 of 1987)

• Nature Reserve (Ballyteige Burrow) Establishment Order 1987 (S.I. No. 279 of 1987)

• Flora (Protection) Order 1987 (S.I. No. 274 of 1987)

• Nature Reserve (The Gearagh) Recognition Order 1987 (S.I. No. 231 of 1987)

• Nature Reserve (Mongan Bog) Recognition Order 1987 (S.I. No. 230 of 1987)

• Nature Reserve (Puffin Island) Recognition Order 1987 (S.I. No. 229 of 1987)

• Nature Reserve (Puffin Island) Establishment Order 1987 (S.I. No. 228 of 1987)

• Nature Reserve (Lough Barra Bog) Establishment Order 1987 (S.I. No. 227 of 1987)

• Nature Reserve (Clara Bog) Establishment Order 1987 (S.I. No. 226 of 1987)

• Wildlife (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 156 of 1987)

• Communications (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 91 of 1987)

• Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 81 of 1987)

• Nature Reserve (Mount Brandon) Establishment Order 1986 (S.I. No. 420 of 1986)

• Nature Reserve (Eirk Bog) Establishment Order 1986 (S.I. No. 419 of 1986)

• Nature Reserve (Ballyteige) Establishment Order 1986 (S.I. No. 418 of 1986)

• Nature Reserve Ballygilgan (Lissadell) Establishment Order 1986 (S.I. No. 417 of 1986)

• Nature Reserve (Owenboy) Establishment Order 1986 (S.I. No. 416 of 1986)

• Nature Reserve (Knockmoyle/Sheskin) Establishment Order 1986 (S.I. No. 415 of 1986)

• Nature Reserve (Pollardstown Fen) Establishment Order 1986 (S.I. No. 414 of 1986)

• Nature Reserve (Keelhilla, Slievecarran) Establishment Order, 1986 (S.I. No. 346 of 1986)

• Nature Reserve (Ballyarr Wood) Establishment Order 1986 (S.I. No. 345 of 1986)

• Nature Reserve (Duntally Wood) Establishment Order 1986 (S.I. No. 344 of 1986)

• Nature Reserve (Rathmullan Wood) Establishment Order 1986 (S.I. No. 343 of 1986)

• Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1986 (S.I. No. 307 of 1986)

• Wildlife (Wild Mammals) (Open Seasons) (Amendment) Order 1986 (S.I. No. 306 of 1986)

• European Communities (Wildlife Act, 1976) (Amendment) Regulations 1986 (S.I. No. 254 of 1986)

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

• Nature Reserve (Capel Island and Knockadoon Head) Recognition Order 1985 (S.I. No. 384 of 1985)

• Nature Reserve (Timahoe Esker) Establishment Order 1985 (S.I. No. 383 of 1985)

• Nature Reserve (Slieve Bloom Mountains) Establishment Order 1985 (S.I. No. 382 of 1985)

• Nature Reserve (Capel Island and Knockadoon Head) Establishment Order 1985 (S.I. No. 381 of 1985)

• Nature Reserve (Richmond Esker) Establishment Order 1985 (S.I. No. 380 of 1985)

• Nature Reserve (Dromore) Establishment Order 1985 (S.I. No. 379 of 1985)

• Wildlife (Wild Birds) (Open Seasons) (Amendment) (No. 2) Order 1985 (S.I. No. 347 of 1985)

• Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1985 (S.I. No. 346 of 1985)

• Wildlife Act, 1976 (Section 27) (No. 2) Order 1985 (S.I. No. 12 of 1985)

• Wildlife Act, 1976 (Section 27) Order 1985 (S.I. No. 11 of 1985)

• Nature Reserve (Pettigo Plateau) Establishment Order 1984 (S.I. No. 334 of 1984)

• Nature Reserve (Oldhead Wood) Establishment Order 1984 (S.I. No. 333 of 1984)

• Wildlife (Wild Birds) (Open Season) (Amendment) Order 1984 (S.I. No. 283 of 1984)

• Wildlife Act, 1976 (Birds of Prey) Regulations 1984 (S.I. No. 8 of 1984)

• Nature Reserve (Coole Garryland) Establishment Order 1983 (S.I. No. 379 of 1983)

• Nature Reserve (Ballynastaig Wood) Establishment Order 1983 (S.I. No. 378 of 1983)

• Nature Reserve (Pollnaknockaun Wood) Establishment Order 1983 (S.I. No. 377 of 1983)

• Nature Reserve (Derrycrag Wood) Establishment Order 1983 (S.I. No. 376 of 1983)

• Nature Reserve (Rosturra Wood) Establishment Order 1983 (S.I. No. 375 of 1983)

• Nature Reserve (Vale of Clara) Establishment Order 1983 (S.I. No. 374 of 1983)

• Nature Reserve (The Raven) Establishment Order 1983 (S.I. No. 200 of 1983)

• Nature Reserve (Deputy's Pass) Establishment Order 1982 (S.I. No. 381 of 1982)

• Nature Reserve (Uragh Wood) Establishment Order 1982 (S.I. No. 380 of 1982)

• Nature Reserve (Coolacurragh Wood) Establishment Order 1982 (S.I. No. 379 of 1982)

• Nature Reserve (Grantstown Wood and Granston Lough) Establishment Order 1982 (S.I. No. 378 of 1982)

• Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1982 (S.I. No. 266 of 1982)

• Wildlife Act, 1976 (Section 27) (No. 2) Order 1982 (S.I. No. 15 of 1982)

• Wildlife Act, 1976 (Section 27) Order 1982 (S.I. No. 3 of 1982)

• Nature Reserve (Lough Hyne) Regulations 1981 (S.I. No. 207 of 1981)

• Nature Reserve (Lough Hyne) Establishment Order 1981 (S.I. No. 206 of 1981)

• Nature Reserve (Wexford Wildfowl Reserve) Establishment Order 1981 (S.I. No. 205 of 1981)

• Nature Reserve (Garryrickin) Establishment Order 1980 (S.I. No. 389 of 1980)

• Nature Reserve (Kyleadohir) Establishment Order 1980 (S.I. No. 388 of 1980)

• Nature Reserve (Caher (Murphy)) Establishment Order 1980 (S.I. No. 387 of 1980)

• Nature Reserve (Ballykeefe) Establishment Order 1980 (S.I. No. 386 of 1980)

• Flora (Protection) Order 1980 (S.I. No. 338 of 1980)

• Wildlife Act, 1976 (Protection of Bullfinches) Regulations 1980 (S.I. No. 283 of 1980)

• Wildlife Act 1976 (Protection of Wild Animals) Regulations 1980 (S.I. No. 282 of 1980)

• Wildlife Act, 1976 (Section 44) (Recognised Bodies) Regulations 1980 (S.I. No. 233 of 1980)

• Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 1980 (S.I. No. 229 of 1980)

• Nature Reserve (Glen of the Downs) Establishment Order 1980 (S.I. No. 178 of 1980)

• Nature Reserve (Derryclare) Establishment Order 1980 (S.I. No. 177 of 1980)

• Wildlife Act, 1976 (Control of Export of Fauna) Regulations 1979 (S.I. No. 235 of 1979)

• Wildlife (Wild Mammals) (Open Seasons) Order 1979 (S.I. No. 193 of 1979)

• Wildlife (Wild Birds) (Open Seasons) Order 1979 (S.I. No. 192 of 1979)

• Wildlife (Wild Mammals) (Open Seasons) Order 1978 (S.I. No. 202 of 1978)

• Wild Birds (Open Seasons) Order 1978 (S.I. No. 201 of 1978)

• Wildlife Advisory Council Order 1978 (S.I. No. 79 of 1978)

• Wildlife Act, 1976 (Acquisition of Land) Regulations 1978 (S.I. No. 29 of 1978)

• Wildlife Act, 1976 (Section 44) (Recognised Bodies) Regulations 1977 (S.I. No. 335 of 1977)

• Wildlife Act, 1976 (Approved Traps, Snares and Nets) Regulations 1977 (S.I. No. 307 of 1977)

• Wildlife Act, 1976 (Wildlife Dealing) Regulations 1977 (S.I. No. 253 of 1977)

• Wild Birds (Open Seasons) Order 1977 (S.I. No. 243 of 1977)

• Wildlife (Wild Mammals) (Open Seasons) Order 1977 (S.I. No. 240 of 1977)

• Wildlife Act, 1976 (Firearms and Ammunition) Regulations 1977 (S.I. No. 239 of 1977)

• Wildlife Act, 1976 (Certificate of Peace Commissioner) Regulations 1977 (S.I. No. 210 of 1977)

• Wildlife Act, 1976 (Commencement) Order 1977 (S.I. No. 154 of 1977)

• Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order 1977 (S.I. No. 30 of 1977)

All statutory instruments up to and including Flora (Protection) Order 2022 (S.I. No. 235 of 2022), made 11 May 2022, were considered in the preparation of this revision.

Number 39 of 1976

WILDLIFE ACT 1976

REVISED

Updated to 16 May 2022

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section
1.	Short title, commencement and collective citation.
2.	Definitions.
3.	Service of notices, etc.
4.	Expenses.
5.	Application of moneys received by Minister.
6.	Gifts.
7.	Reports.
8.	Regulations and orders.
9.	Licences.
10.	Repeals.

PART II

Wildlife Conservation and Protection

Chapter I

General

11.	Functions of Minister in relation to wildlife.
12.	Obligations generally of Ministers of State and certain other authorities and bodies in relation to nature reserves and refuges.
13.	Wildlife Advisory Council.
14.	Establishment of boards to provide or administer certain services.

Chapter II

Reserves and Refuges

15.	Nature reserves on lands owned by the Minister or by the State.
16.	Nature reserves on land other than land to which section 15 applies.
17.	Refuges for fauna.
18.	Agreement as to user and management of land.

Chapter III

Protection of wild birds, protected animals and flora

19.	Protection of wild birds.
20.	Protection of fauna (other than protected wild birds).
21.	Protection of flora.
22.	Enforcement of protection of wild birds.
23.	Enforcement of protection of wild animals (other than wild birds).
23A.	Prohibition on deer hunting with dogs.
24.	Open seasons for certain protected wild birds.
25.	Open seasons for certain wild mammals.
26.	Licences to hunt otters or deer and to hunt or course hares.
27.	Temporary suspension of open seasons.

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.
29.	Licences to hunt with firearms.
30.	Hunting restricted on or over foreshore belonging to State and certain land so belonging.
31.	Sale, purchase and possession of certain perching birds prohibited.
32.	Ringing and marking, and possession of cannon-nets, etc. restricted.
33.	Restriction on use of certain firearms etc.
34.	Certain use of traps, snares etc. prohibited.
35.	Certain use of scarecrows, decoys, birdcalls and calls of wild mammals restricted.
36.	Use of mechanically-propelled vehicles, vessels and aircraft in hunting prohibited.
37.	Hunting by night restricted.
38.	Use of lamps, mirrors etc. in hunting prohibited.
39.	Burning of vegetation near woods or certain other land restricted.
40.	Destruction of vegetation on uncultivated land restricted.

Chapter V

Miscellaneous

41.	Falconry etc.
42.	Damage by wild birds etc.
43.	Land drainage schemes.
44.	Unlawful hunting or entry on land and other miscellaneous matters.

PART III

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

45.	Sale, purchase and possession of fauna restricted.
46.	Regulation and control of wildlife dealing.
47.	Prohibition on wildlife dealing without wildlife dealer's licence.
48.	Wildlife dealer’s licence.
49.	Revocation of wildlife dealer’s licence.
50.	Minister may publish list of wildlife dealers or notice of revocation.
51.	Transport of packages etc. containing certain fauna.
52.	Import of fauna and flora.
53.	Export of fauna and flora.
53A.	Regulation of trade in wild flora and fauna and CITES Regulations.
53B.	Simplified procedures for export or re-export of dead specimens of species listed in Annexes B and C to Council Regulation.
54.	Saver in relation to Customs Acts.

PART IV

Land and Waters

55.	Land purchase orders.
56.	Management etc. of certain land acquired, held or used by the Minister.
57.	State ownership of certain inland waters.
58.	Right to hunt on or over territorial seas of State vested in State.
59.	Regulations permitting and regulating public access to certain land.
60.	Creation of rights of way. (Repealed)
61.	Extinguishment of easements. (Repealed)

PART V

Amendment of Enactments.

62.	Amendment of section 3 of Firearms Act, 1925.
63.	Amendment of sections 9, 21, 22, 23 and 58 of Act of 1946.
64.	Amendment of First Schedule to State Property Act, 1954.
65.	Amendment of Firearms Act, 1964.
66.	Amendment of section 69 of Registration of Title Act, 1964.
67.	Restriction of Part V of Protection of Animals (Amendment) Act, 1965.

PART VI

Miscellaneous

68.	Inspection of land. (Repealed)
69.	Attempts etc. and miscellaneous other offences.
70.	Prosecution of offences.
71.	Onus of proof.
72.	Powers of Garda Síochána and authorised persons.
73.	Search warrants.
74.	Penalties.
74A.	Fixed payment notice.
75.	Power of court to revoke certain certificates and licences and to impose certain disqualifications.
76.	Forfeiture.
77.	Appeal against seizures.
78.	Disposal of things seized.

FIRST SCHEDULE

Enactments Repealed

SECOND SCHEDULE

Provisions which may be Included in an Order under Section 14

THIRD SCHEDULE

Species of Wild Birds Excluded (subject to Section 22 (2)) from Sections 19 and 22

FOURTH SCHEDULE

Fauna Referred to in Section 22 (6) or 23 (8)

PART I

Species of Protected Wild Birds Referred to in Section 22 (6)

PART II

Species of Protected Wild Animals Referred to in Section 23 (8)

FIFTH SCHEDULE

Animals Referred to in Section 23

Acts Referred to
Acquisition of Land (Assessment of Compensation) Act, 1919	1919, c. 57
Forestry Act, 1946	1946, No. 13
Forestry Act, 1956	1956, No. 6
Factories Act, 1955	1955, No. 10
Foreshore Act, 1933	1933, No. 12
Local Government Act, 1941	1941, No. 23
Greyhound Industry Act, 1958	1958, No. 12
Maritime Jurisdiction Act, 1959	1959, No. 22
Companies Act, 1963	1963, No. 33
Local Government (Planning and Development) Act, 1963	1963, No. 28
Local Government (Planning and Development) Act, 1976	1976, No. 20
Finance Act, 1895	1895, c. 16
Registration of Title Act, 1964	1964, No. 16
Whale Fisheries Act, 1937	1937, No. 4
Firearms Act, 1925	1925, No. 17
Firearms Act, 1964	1964, No. 1
Protection of Animals Act, 1911	1911, c. 27
Noxious Weeds Act, 1936	1936, No. 38
Arterial Drainage Act, 1945	1945, No. 3
Game Preservation Act, 1930	1930, No. 11
Destructive Insects and Pests (Consolidation) Act, 1958	1958, No. 11
Diseases of Animals Act, 1966	1966, No. 6
Health Act, 1947	1947, No. 28
Health Act, 1953	1953, No. 26
Agricultural and Fishery Products (Regulation of Export) Act, 1947	1947, No. 18
Water Supplies Act, 1942	1942, No. 1
State Property Act, 1954	1954, No. 25
Protection of Animals (Amendment) Act, 1965	1965, No. 10
Petty Sessions (Ireland) Act, 1851	1851, c. 93
Superannuation Act, 1859	1859, c. 26

Number 39 of 1976

WILDLIFE ACT 1976

REVISED

Updated to 16 May 2022

AN ACT FOR THE CONSERVATION OF WILDLIFE (INCLUDING GAME) AND FOR THAT PURPOSE TO PROTECT CERTAIN WILD CREATURES AND FLORA, TO ENABLE A BODY TO BE KNOWN IN THE IRISH LANGUAGE AS AN CHOMHAIRLE UM FHIADHULRA AND IN THE ENGLISH LANGUAGE AS THE WILDLIFE ADVISORY COUNCIL TO BE ESTABLISHED AND TO DEFINE ITS FUNCTIONS, TO ENABLE CERTAIN OTHER BODIES TO BE ESTABLISHED TO PROVIDE OR ADMINISTER CERTAIN SERVICES, TO ENABLE RESERVES AND REFUGES FOR WILDLIFE TO BE ESTABLISHED AND MAINTAINED, TO ENABLE DEALING IN AND MOVEMENT OF WILDLIFE TO BE REGULATED AND CONTROLLED, TO MAKE CERTAIN PROVISIONS RELATING TO LAND, INLAND WATERS AND THE TERRITORIAL SEAS OF THE STATE, TO AMEND CERTAIN ENACTMENTS AND TO MAKE OTHER PROVISIONS CONNECTED WITH THE FOREGOING. [22nd December, 1976]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Functions transferred and references to Department of and Minister for Culture, Heritage and the Gaeltacht construed (9.09.2020) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 339 of 2020), arts. 2 and 3 and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8. Note change of Department's name and Minister's title to Housing, Local Government and Heritage (30.09.2020) by Housing, Planning and Local Government (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 408 of 2020), in effect as per art. 1(2).

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order are transferred to the Department of Housing, Planning and Local Government.

(2) References to the Department of Culture, Heritage and the Gaeltacht contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Housing, Planning and Local Government.

3. (1) The functions vested in the Minister for Culture, Heritage and the Gaeltacht by or under the Acts specified in Part 1 of the Schedule and the provisions of the Acts specified in Part 2 of the Schedule are transferred to the Minister for Housing, Planning and Local Government.

(2) References to the Minister for Culture, Heritage and the Gaeltacht contained in any Act or instrument made thereunder and relating to any functions transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Minister for Housing, Planning and Local Government.

SCHEDULE

Article 3

Part 1

...

Wildlife Act 1976 (No. 39 of 1976) (other than section 59 in so far as it relates to foreshore which is the property of the State)

...

Application of collectively cited Wildlife Acts 1976 to 2010 restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 9(10), in effect as per reg. 1(3).

Surveillance and monitoring

9. ...

(10) A person may lawfully do anything authorised by a licence under this Regulation notwithstanding any provision of the Wildlife Acts 1976 to 2010 and for the avoidance of doubt shall not require a licence under those Acts to do anything so authorised.

Functions transferred and references to Department of and Minister for Finance construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year	Short Title	Provision
(1)	(2)	(3)
...	...	...
No. 39 of 1976	Wildlife Act 1976	Sections 5, 8, 9 and 76(5); Second Schedule, paragraphs 11 and 12
...	...	...

Application of collectively cited Forestry Acts 1946 to 1988 restricted (11.09.1998) by Air Navigation and Transport (Amendment) Act 1998 (24/1998), s. 46(1), S.I. No. 327 of 1998.

Lopping, cutting or removal of certain trees, etc.

46.—(1) Notwithstanding anything contained in the Forestry Acts, 1946 to 1988, the company may lop, cut or remove, or cause to be lopped, cut or removed, any tree, bush, shrub, hedge, plant or other matter growing naturally or with artificial assistance on land in the vicinity of a State airport which, in the opinion of the company, interferes with the operation and development of that airport, or which, following consultation with the Authority, the company considers obstructs or otherwise interferes with the safety or navigation of aircraft using such airport.

...

Application of Act restricted (21.07.1986) by European Communities (Wildlife Act, 1976) (Amendment) Regulations 1986 (S.I. No. 254 of 1986), reg. 3(1) and schs. 1 and 2, in effect as per reg. 1(2), as amended (26.04.1997) by European Communities (Wildlife Act, 1976) (Amendment) Regulations 1997 (S.I. No. 152 of 1997), reg. 2, in effect as per reg. 1(2).

3.(1) Notwithstanding the provisions of the Wildlife Act, 1976 (No. 39 of 1976).

(a) where the Minister is of the opinion that a species referred to in the First Schedule to these Regulations—

(i) is a threat to public health or safety,

(ii) is likely to cause serious damage to corps, livestock, fisheries or forestry,

(iii) is likely to cause damage to flora and fauna,

he may declare that for the purpose of preventing disease or injury the said species may be captured or killed in any part of the State or throughout the State by any of the means, arrangements or methods set out in the Second Schedule to these Regulations, during such period or periods specified in the declaration and by the person or persons or class of person or persons specified in the declaration,

(b) where the Minister is of the opinion that a species of wild bird is a threat to air safety he may declare that the said species may be captured or killed in any part of the State or throughout the State by any of the means, arrangements or methods set out in the Second Schedule to these Regulations during such period or periods specified in the declaration and by the person or persons or class of person or persons specified in the declaration.

...

FIRST SCHEDULE.

Carrion Crow.

Hooded (Grey) Crow.

Magpie.

Rook.

Jackdaw.

Starling.

Herring Gull.

Greater Black-backed Gull.

Lesser Black-backed Gull.

[House Sparrow].

[Pigeon and Dove including Wood Pigeon, Feral Pigeon and Collared Dove but not including Carrier Pigeon, Fan Tailed Pigeon, Homing Pigeon or other domestic types of Rock Dove, Stock Dove, Wild Rock Dove or Turtle Dove].

SECOND SCHEDULE

Shooting with rifle or shotgun.

Poisoned or anaesthetic bait.

Cage traps with or without live decoys.

Traps, snares or nets approved under the Wildlife Act, 1976 (Approved Traps, Snares and Nets) Regulations, 1977 (S.I. No. 307 of 1977).

Editorial Notes:

Certificates of appointment issued under European Communities (Birds and Natural Habitats) Regulations 2011, reg. 4(2)(a) deemed to constitute any consent required by any Minister of Government under Act (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 4(8), in effect as per reg. 1(3).

Power to transfer fishery or fishing rights, acquired by or vested in Minister for Agriculture, Food and the Marine under collectively cited Forestry Acts 1946 to 1988, prescribed (1.07.2010) by Inland Fisheries Act 2010 (10/2010), s. 64(1)(a), commenced as per s. 5(2) and S.I. No. 262 of 2010, as construed (17.10.2011) by Agriculture, Fisheries and Food (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 455 of 2011), art. 4(b), in effect as per art. 1(2).

Existing orders, designation and licenses granted under Act continued in force (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 4, S.I. No. 371 of 2001.

Additional powers prescribed in connection with performance of functions under Act (31.07.2001) by Wildlife (Amendment) Act 2000 (38/2000), s. 66, S.I. No. 371 of 2001.

Previous affecting provision: functions transferred and references to Department of and Minister for the Environment, Heritage and Local Government construed as Department of and Minister for Tourism, Culture and Sport (1.05.2011) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 192 of 2011), arts. 2 and 3 and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8; note change of name of Department and title of Minister to Arts, Heritage and the Gaeltacht (2.06.2011) by Tourism, Culture and Sport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 220 of 2011); superseded as per C-note above.

Previous affecting provision: functions under Act transferred and references to Department of and Minister for Community, Rural and Gaeltacht Affairs construed as Department of and Minister for the Environment and Local Government (10.07.2002) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 356 of 2002), arts. 3 and 4 and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 5-9; note change of name of Department and title of Minister to Environment, Heritage and Local Government (10.06.2003) by Environment and Local Government (Alteration of Name of Department and Title of Minister) Order 2003 (S.I. No. 233 of 2003); superseded as per E-note above.

Previous affecting provision: functions under ss. 55, 63(1)-(4) transferred and references to Department of and Minister for Finance construed as Department of and Minister for Arts, Culture and the Gaeltacht (2.03.1995) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 1995 (S.I. No. 61 of 1995), arts. 3 and 4, subject to transitional provisions in arts. 5-9; superseded as per E-note above.

Previous affecting provision: functions transferred and references to Department of and Minister for Finance construed as Department of and Minister for Arts, Culture and the Gaeltacht (20.12.1994) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 1994 (S.I. No. 443 of 1994), arts. 3 and 4, subject to transitional provisions in arts. 5-9; superseded as per E-note above.

Previous affecting provision: certain functions transferred and references to Minister for the Marine construed as Minister for Finance (2.08.1990) by Wildlife (Transfer of Departmental Administration and Ministerial Functions) Order 1990 (S.I. No. 207 of 1990), arts. 3 and 4, in effect as per art. 1(2); superseded as per E-note above.

E10

Previous affecting provision: functions under ss. 55, 63(1)-(4) transferred and references to Department of and Minister for Energy construed as Department of and Minister for Finance (17.12.1988) by Wildlife (Transfer of Departmental Administration and Ministerial Functions) Order 1988 (S.I. No. 353 of 1988), arts. 3 and 4, subject to transitional provisions in arts. 5-9; superseded as per E-note above.

E11

Previous affecting provision: power to transfer fishery or fishing rights, acquired by or vested in the Minister under collectively cited Forestry Acts 1946 to 1988, prescribed (18.03.1980) by Fisheries Act 1980 (1/1980), s. 42(2)(a), commenced on enactment, and as substituted (20.12.1999) by Fisheries (Amendment) Act 1999 (35/1999), s. 19, S.I. No. 419 of 1999; repealed (1.06.2010) by Inland Fisheries Act 2010 (10/2010), s. 4 and sch. 1, commenced on enactment. The Act does not define “the Minister” but this appears to refer to the Minister for Fisheries and Forestry as the ministerial title then was.

E12

Previous affecting provision: functions transferred and references to Department of Energy and Minister for Energy(other than any function in relation to the Forestry Acts, 1946 to 1976) construed as Department of and Minister for Finance (30.06.1987) by Wildlife (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 156 of 1987), arts. 3 and 4, in effect as per art. 1(2), subject to transitional provisions in arts. 5-9; superseded as per E-note above.

E13

Previous affecting provision: functions under Act transferred and references to Department of and Minister for the Marine construed as Department of and Minister for Energy (31.03.1987) by Forestry and Wildlife (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 96 of 1987), arts. 3 and 4 and sch., subject to transitional provisions in arts. 5-9; superseded as per E-note above.

E14

Previous affecting provision: functions under Act transferred and references to Department of and Minister for the Public Service construed as Department of and Minister for Finance (19.03.1987) by Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 81 of 1987), arts. 3 and 4 and sch., subject to transitional provisions in arts. 5-9; superseded as per E-note above.

E15

Previous affecting provision: references to Department of and Minister for Lands under Act construed as Department of and Minister for Fisheries (9.02.1977) by Lands (Alteration of Name of Department and Title of Minister) Order 1977 (S.I. No. 29 of 1977); superseded as per E-note above.

E16

Previous affecting provision: functions under Act relating to fisheries transferred and references to Department of and Minister for Agriculture and Fisheries under Act construed as Department of and Minister for Lands (8.02.1977) by Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order 1977 (S.I. No. 30 of 1977), arts. 3, 4(5), subject to transitional provisions in arts. 5-8; superseded as per E-note above.

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Wildlife Act 1976