40.—Section 32 of the Principal Act is hereby amended—

(a) by the substitution of the following for subsections (1) and (2):

“(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.”,

(b) in subsection (3), by the insertion after “import” of “into the State from outside the European Union”, and

(c) by the insertion of the following after subsection (3):

“(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.”.