65.—Section 72 of the Principal Act is hereby amended—

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

“(1) (a) The Minister may appoint in writing, and for such of the purposes of either or both this Act and the CITES Regulations as the Minister shall specify, a person to be an authorised person for the purposes so specified.

(b) In appointing a person to be an authorised person for specified purposes, the Minister may attach limitations to the exercise of functions by the authorised person by reference to all or any of the following, that is to say:

(i) the nature of the functions which such person may exercise or perform, and

(ii) the time, place and circumstances in which such person may exercise or perform such functions.

(c) Where a person has been appointed to be an authorised person under this subsection, the person shall hold office until—

(i) the appointment is terminated by the Minister, or

(ii) a written resignation signed by the person is received by the Minister.

(d) The Minister may terminate the appointment of an authorised person appointed under subsection (1) of this section by giving one month's notice, in writing, to the person.

(2) A member of the Garda Síochána or an authorised person who has reasonable grounds for suspecting that a person has committed an offence under any provision of the Wildlife Acts, 1976 and 2000, may, at all reasonable times, stop and search any person who is suspected by such member or authorised person, as the case may be, of being in any way concerned in the offence and require the person to give his name and address and to declare and, if such member or authorised person, as the case may be, considers it necessary to produce on demand for examination—

(a) any specimen of fauna, flora, fossils or minerals or any part, product or derivative of any such specimen, or

(b) any licence or permission granted by the Minister under the Wildlife Acts, 1976 and 2000 (including any certificate deemed, pursuant to section 29(5) of this Act, to be a licence so granted), or

(c) in the case of a person who is resident in a Member State of the European Community other than the State, any European Firearms Pass duly issued to such person to which paragraphs (4) and (5) of Regulation 7 of the European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 (S.I. No. 362 of 1993), relate or any other permit, licence, authorisation or other document duly issued by a national competent authority of such a Member State, or

(d) any permit or certificate issued for the purposes of the CITES Regulations together with any supporting documents in the person's possession and any permit or certificate to which Article 11 of Council Regulation (EC) No. 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein relates, or

(e) any thing which is mentioned in subsection (7) of this section, which is in the person's possession,

and such member or authorised person may seize and retain any specimen or part, product or derivative of a specimen or any thing so produced which appears to him to be something which might be required as evidence in proceedings for an offence under this Act.

(2A) A member of the Garda Síochána or an authorised person may, if such member or authorised person has reasonable grounds for suspecting from the activity of any person (in this subsection referred to as the ‘suspected person') that an offence under any provision of this Act is being, or has been, committed, in the presence of such member or person, by the suspected person and that person has, or had at the time of being so suspected, in his possession, or under his control, anything which is mentioned in subsection (7) of this section or any other thing capable of being used to commit an offence, then such member or authorised person may, without prejudice to any other function exercisable by such member or person—

(a) require the suspected person—

(i) to desist from continuing or recommencing that activity, and

(ii) to furnish his name and address and, if requested, to verify the information given,

and

(b) arrest or cause any other person acting under direction of such member or authorised person to arrest or to assist in arresting the suspected person if that person continues or recommences that activity or fails to furnish his name or address or furnishes a name or address which in the circumstances there are reasonable grounds to suspect is false or misleading,

and where the suspected person has been so arrested by an authorised person, the authorised person shall, as soon as is practicable in the circumstances, deliver the suspected person into the custody of a member of the Garda Síochána to be dealt with according to law.”,

(b) in subsection (3)—

(i) by the substitution of “for suspecting that a person is committing or has committed an offence under any provision of the Wildlife Acts, 1976 and 2000” for “for suspecting that a person has committed an offence under Part II or under section 45, 47, 51, 52 or 53 of this Act”,

(ii) by the insertion of “enter any land (other than a dwelling) to which the suspicion relates and may also, whether on that land or otherwise” after “at all reasonable times”,

(iii) by the substitution, in paragraph (a), of “any provision of the Wildlife Acts, 1976 and 2000” for “the said section 51, 52 or 53”, of “fauna, flora, fossils or minerals” for “fauna or flora” and of “vessel or aircraft or any mechanically-propelled vehicle used or suspected of being used” for “vessel or aircraft which he reasonably suspects of being used”,

(iv) by the insertion of the following after paragraph (d):

“(e) seize and detain any vehicle, vessel, aircraft or mechanically-propelled vehicle which he reasonably suspects of being used in committing an offence under the Wildlife Acts, 1976 and 2000, and which appears to his to be something which might be required in evidence in proceedings for an offence under the Wildlife Acts, 1976 and 2000,

(f) require, if considered necessary in order to determine the identity or ancestry of any specimen of fauna, the taking from that specimen of a sample of blood or tissue but only if—

(i) the sample is taken by a registered veterinary surgeon, and

(ii) in the opinion of the registered veterinary surgeon the taking of such a sample will not cause lasting harm to the specimen.”,

(c) in subsection (4), by the substitution of “any dwelling” for “buildings on land” in paragraph (b), and

(d) by the substitution of the following for subsection (7):

“(7) The things referred to in subsections (2) and (2A) of this section are—

(a) a dog or a bird or other animal suspected of being capable of use—

(i) to hunt, pen, retrieve or otherwise be involved in the capture of fauna, or

(ii) to find or assist in the finding of flora,

(b) a firearm, trap, snare, net, line, hook, arrow, dart or spear, or a similar device, instrument or missile calculated or likely to cause death or bodily injury to or causes to be captured alive, any wild bird or wild animal coming in contact with it,

(c) birdlime or any substance of a like nature,

(d) poisonous, poisoned or stupefying bait, tracer shot or a gun or explosive mentioned in section 33(2) of this Act, or any containers of gas or smoke or chemical wetting agents mentioned in section 34(1) of this Act,

(e) a decoy or electrical or other instrument, device or appliance mentioned in section 35(1) or 38 of this Act, and

(f) any type of material or form of equipment used for geological or geomorphological purposes.”,

and the said subsections (3) (down to and including paragraph (a)) and (4)(b), as so amended, are set out in the Table to this section.

TABLE

(3) A member of the Garda Síochána or an authorised person may, if he has reasonable grounds for suspecting that a person is committing or has committed an offence under any provision of the Wildlife Acts, 1976 and 2000, at all reasonable times enter any land (other than a dwelling) to which the suspicion relates and may also, whether on that land or otherwise—

(a) search any vehicle, vessel or aircraft or any mechanically-propelled vehicle used or suspected of being used to transport, export or import any specimen of fauna, flora, fossils or minerals or any part, product or derivative of any such specimen contrary to any provision of the Wildlife Acts, 1976 and 2000, and such member or authorised person, for the purpose of carrying out the search, may, if he thinks fit, require the person who for the time being is in control of the vehicle, vessel or aircraft to bring it to a stop or refrain from moving it,

(b) Paragraph (a) of this subsection shall not be construed as enabling a member of the Garda Síochána or an authorised person to enter any dwelling.