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.]