43.—Section 35 of the Principal Act is hereby amended—

(a) in subsection (1)—

(i) by the substitution of the following for paragraphs (a) and (b):

“(a) use, for the purpose of hunting, repelling or scaring any wild bird or any wild animal—

(i) any live wild bird or live wild animal which is tethered or secured by braces or other similar appliance or which is confined in a cage or pen or which is blind, maimed or injured, or

(ii) any kite, light trap, balloon, aircraft (including model aircraft) or similar device,

or

(b) use, as a decoy for the purpose of hunting any wild bird or any wild animal, any live wild animal or live bird, or”,

(ii) by the insertion, in paragraph (c), of “wood pigeons,” before “wild duck”,

(iii) by the substitution of the following for paragraph (d):

“(d) use an electrical or other instrument or appliance (including recording apparatus) emitting sound, for the purpose of hunting any wild bird or any wild animal.”,

(b) in subsection (3)—

(i) by the substitution of the following for paragraph (a):

“(a) the use for hunting, repelling or scaring any wild bird or any wild animal of a species specified in the order of any stuffed or artificial decoy or any device, whistle, instrument or appliance which is of a particular type, class or description specified in the order, or”,

(ii) by the insertion, in paragraph (b), of “plover,” before “wild duck”,

(c) by the substitution of the following for subsection (4):

“(4) Notwithstanding the foregoing provisions of this section, a decoy, vehicle or an instrument or appliance, including electrical or other recording apparatus emitting sound for the purpose of repelling, scaring or capturing any wild bird or any wild animal, may be used, pursuant to and in accordance with a licence granted in that behalf by the Minister, for scientific research or for another purpose approved of by the Minister.

(4A) Nothing in this section shall be construed as restricting—

(a) the practice of falconry lawfully carried out in accordance with a licence or licences granted in accordance with section 41 of this Act, or

(b) the taking, killing or use of a wild animal, which is not a protected wild animal, for the purpose of, or while engaged in the practice of fishing.”,

and the said subsections (1) (other than paragraphs (a), (b) and (d)) and (3) (other than paragraph (a)), as so amended, are set out in the Table to this section.

TABLE

(1) Notwithstanding anything contained in this Act apart from this section, but subject to section 42, a person shall not—

(c) use a stuffed or artificial decoy in the form of any bird for the purpose of hunting any protected wild birds, other than wood pigeons, wild duck and wild geese, or

(3) Notwithstanding the foregoing provisions of this section, the Minister may by order prohibit throughout the State or in any particular area thereof—

(b) the use of any orally or manually operated whistle or other instrument or appliance (not being recording apparatus) which imitates, or emits calls similar to, the calls of plover, wild duck or wild geese or emits recorded such calls.