Section 50

Prohibition on dealing in and keeping certain species

The following is extracted from the main body of the Act as published on the NPWS website and is provided here for information only. Readers should always refer to the original text on http://www.npws.ie/legislationandconventions/irishlaw/euregulations/ should they wish to review or cite this legislation for any purpose.

Section 50 of the act states:

(1) Save in accordance with a licence granted under paragraph (7), and subject to Regulation 74, a person shall be guilty of an offence if he or she has in his or her possession for sale, or for the purposes of breeding, reproduction or propagation, or offers or exposes for sale, transportation, distribution, introduction or release—
(a) an animal or plant listed in Part 1 or Part 2 of the Third Schedule,
(b) anything from which an animal or plant referred to in subparagraph
(a) can be reproduced or propagated, or
(c) a vector material listed in Part 3 of the Third Schedule,
in any place in the State specified in the third column of the Third Schedule in relation to such an animal, plant or vector material.

(2) Save in accordance with a licence granted under paragraph (7), a person shall be guilty of an offence if he or she imports or transports—

(a) an animal or plant listed in Part 1 or Part 2 of the Third Schedule,
(b) anything from which an animal or plant referred to in Part 2 of the Third Schedule can be reproduced or propagated, or

(c) a vector material listed in Part 3 of the Third Schedule, into or in or to any place in the State specified in relation to such an animal or plant or vector material in relation to that animal or plant or vector material in the third column of the Third Schedule.

(3) Save in accordance with a licence granted under paragraph (7), a person shall be guilty of an offence if he or she publishes or causes to be published by any means, including on the internet, any advertisement, catalogue, circular or price list likely to be understood as conveying that such person imports into the State, buys, sells, distributes or provides for the introduction or release, or intends to buy or sell or distribute or introduce or release, in any place in the State as specified in the third column of the Third Schedule,—

(a) an animal or plant listed in Part 1 or Part 2 of the Third Schedule,
(b) anything from which such an animal or plant can be reproduced or propagated, or
(c) a vector material listed in Part 3 of the Third Schedule.

(4) Subject to paragraph (5), it shall be a defence to a charge of committing an offence under paragraph (1), (2) or (3) to prove that the accused took all reasonable steps and exercised all due diligence to avoid committing the offence.

(5) Where the defence provided by paragraph (4) involves an allegation that the commission of the offence was due to the act or default of another person, the person charged shall not, without leave of the court, be entitled to rely on the defence unless, within a period ending 28 days before the hearing, he or she has served on the prosecutor a notice buy cheap klonopin/ giving such information identifying or assisting in the identification of the other person as was then in his or her possession.

(6)
(a) This Regulation applies to an animal or plant listed in the Third Schedule.
(b) For the avoidance of doubt, an animal or plant listed or referred to in the Third Schedule shall apply to that animal or plant under any synonym or vernacular or trade name by which that animal or plant may be referred to.

(7)
(a) One or more persons may make an application for a licence, under this paragraph, for the purposes of complying with the requirements of paragraph (1), (2) or (3).
(b) The Minister may seek from the applicant any information that he or she considers necessary for consideration of the application.
(c) The Minister may grant or refuse to grant, or revoke, such a licence, and shall give reasons for his or her decision and for any conditions imposed under subparagraph (e).
(d) In making a decision under subparagraph (c), the Minister shall take account of the requirements of the Habitats Directive and the Birds Directive and in particular the requirements of Article 22(b) of the Habitats Directive, and he or she shall take account of such advice or information as he or she considers appropriate in relation to any species to which the licence application relates.
(e) A licence granted under subparagraph (c) shall be subject to such conditions, restrictions, limitations or requirements as the Minister considers appropriate.
(f) Any conditions, restrictions, limitations or requirements to which a licence under this subparagraph is subject shall be specified in the licence.
(g) Paragraph (1), (2) or (3) do not apply to anything done under and in accordance with the terms of a licence granted by the Minister under subparagraph (c).

(8) For the purposes of this Regulation, “the State” includes the territorial waters of the State and the exclusive economic zone of the State.

(9) For the avoidance of doubt, the Minister may develop threat response plans under Regulation 39 for the purposes of this Regulation and, generally, for the purposes of addressing the exclusion, eradication or control of species referred to in the Third Schedule and any other species that the Minister considers poses a threat to the habitats or species protected under these Regulations.

(10) Where an animal that is of a species referred to in Part 2B of the Third Schedule, or that is a hybrid of such a species, is one of a herd that is being farmed for slaughter for commercial meat production, it shall not be an offence for a person to have such an animal in his or her possession for sale or transportation in the course of the business of farming such animals, including providing for their slaughter or, for the purposes of farming, to import or transport such an animal, and paragraph (3) shall not apply to the publication of any advertisement, catalogue, circular or price list regarding the purchase or sale of such an animal for slaughter for commercial meat production or to be farmed for that purpose.

(11) For the purposes of paragraph (10), “slaughter” does not include the killing of an animal during or following hunting.