Protection of wild birds

The pigeon man

Hi everyone,

I've been going through the 1976 wildlife and trying to make sense of it.

section 19 states;

"19.—Wild birds and their nests and eggs, other than wild birds of the species mentioned in the Third Schedule to this Act, shall be protected."

Here's the third schedule


"Species of wild birds excluded (subject to Section 22 (2)) from Sections 19 and 22


Sections 19 , 22 , 31 and 35 .


Bullfinch


Carrion Crow


Greater Black-backed Gull


Herring Gull


Hooded (Grey) Crow


House Sparrow


Jackdaw


Jay


Lesser Black-backed Gull


Magpie


Pigeons, including Wood Pigeon, but not including carrier pigeons, racing homing pigeons or doves


Rook


Starling"


Is it true that these birds are still not protected? I imagine there has been some amendment protecting these birds that I can't find?

I am aware some of the above birds can be shot under derogation but I still thought they were given protection under law, as in you couldn't shoot them outside of the conditions of the derogation or without a section 42 permission.

cookimonster

Wildlife Act, 1976
The Wildlife Act, 1976, is the principal national legislation providing for the protection of wildlife and the control of some activities that may adversely affect wildlife. The Wildlife Act, 1976, came into operation on 1 June 1977. It was the only major legislation concerned with wildlife that was passed in the previous 45 years. It replaced the Game Preservation Act, 1930, and the Wild Birds (Protection) Act, 1930.

The aims of the Wildlife Act, 1976, are to provide for the protection and conservation of wild fauna and flora, to conserve a representative sample of important ecosystems, to provide for the development and protection of game resources and to regulate their exploitation, and to provide the services necessary to accomplish such aims.

Under the Act, the Minister responsible for nature conservation may afford protection to all wild species of fauna and flora. However, the 1976 Act did not provide for the conservation of fish species nor of aquatic invertebrates in general, except insofar as species may be added in agreement with the Minister for Communications, Marine and Natural Resources. [B]Currently all bird species, 22 other animal species or groups of species and 86 species of flora are afforded protected status.[/B]
Ref:
https://www.npws.ie/legislation/irish-law/wildlife-act-1976

EU Birds Directive
'Europe is home to more than 500 wild bird species. But at least 32 % of the EU's bird species are currently not in a good conservation status. The Birds Directive aims to protect all of the 500 wild bird species naturally occurring in the European Union."

Ref
https://ec.europa.eu/environment/nature/legislation/birdsdirective/index_en.htm

EU Member Derogation
Under the terms of the EU Birds Directive, all EU member States, including Ireland, are bound to take measures to protect all wild birds and their habitats.The Directive allows member States to make derogations from its protective measures where certain wild bird species are causing damage to crops, livestock and fauna or represent a threat to public health or safety or to air safety.  
Ref:
https://www.npws.ie/legislation/irish-law/eu-birds-directive-derogations

J.R.

The 1976 Act was updated - now the Wildlife (Ammendment) Act 2000

In the 2000 Act all birds are protected.

Some birds (game birds) can be shot during a specific open season.

Other birds (vermin) can be shot at certain times of the year under derogation.

Hence

Bullfinch, Greater Black-backed Gull, Lesser Black Back Gull, Herring Gull, House Sparrow, Starling & Jay can no longer be shot.

Cass

This might be off some help:

Cass wrote: »

A link to the thread containing relevant hunting laws and seasons for various game.

Hunting Laws, Acts, and Seasons.

mcbain087

The following link may help, if you go to the npws website you will find most information on the ministers declaration on which species can be controlled out of season and without section 42 licences.
There are strict conditions listed so please be aware of them.
https://www.npws.ie/sites/default/files/general/art-9-declaration-may-2019-apr-2020-state-wide.pdf