I propose to take Questions Nos. 1108 and 1109 together.
All naturally occurring wild birds, including all gulls, are protected under both EU and Irish law.
In EU legislation, all naturally occurring wild birds are protected under the Birds Directive (Directive 2009/147/EC on the conservation of wild birds).
Protected status for gulls in Ireland therefore derives in the first instance from its status as a species covered by Article 1 of the Directive and Ireland’s obligations as an EU Member. As such, the status of gulls as a protected species is not under review.
The Directive requires Member States to set down a general system of protection for birds and to prohibit, inter alia, (subject to certain exceptions):
- deliberate killing or capture by any method;
- deliberate destruction of, or damage to, their nests and eggs or removal of their nests;
- taking their eggs in the wild and keeping these eggs even if empty;
- deliberate disturbance of these birds particularly during the period of breeding and rearing, in so far as disturbance would be significant having regard to the objectives of this Directive;
- keeping birds of species the hunting and capture of which is prohibited.
The Birds Directive is implemented in Ireland under, inter alia, the Wildlife Acts 1976, the Wildlife (Amendment) Act 2000 and the European Communities (Birds and Natural Habitats) Regulations 2011 (SI 477/2011).
In relation to the protection of species other than birds, if species are listed on Annex II and/or Annex IV of the Habitats Directive then they also enjoy protected status.
Additionally most native mammals, and all native amphibians and reptiles are protected wild animals under the Wildlife Acts. For animal species not already covered by protected status, section 23 of the Wildlife Act 1976 allows the Minister to confer such status. Criteria that may be used to justify protected status include consideration of threats to the species, the conservation status of the species, whether the species is subject to hunting, or the importance of the Irish population of the species in an international context