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Special Committee Wildlife Bill, 1975

SECTION 35.

Bill Wildlife Bill, 1975
Enacted

No. 9 of 1975 ›

Thomas J. Fitzpatrick Mr. T. J. Fitzpatrick (Cavan) Fine Gael

The purpose of this section is to control the use of decoys and various appliances used by hunters to attract wild birds and wild animals. Exceptions are permitted to cater for a few acceptable hunting practices and there are some exceptions, under licence from the Minister, to allow the use of such lures for specific purposes. The control will serve as yet another curb on the poacher. It will also eliminate some unsporting aids to the bona fide hunter but the proposals have the support of organised shooting interests.

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I do not really see the sense of that. I do not see why scarecrows have been included. Surely, people are entitled to have scarecrows. They are for a different purpose than decoy; they are for quite the opposite. Any sporting shop in Ireland sells all sorts of decoys.

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Thomas J. Fitzpatrick Mr. T. J. Fitzpatrick (Cavan) Fine Gael

The only scarecrow that it is prohibited to use as a scarecrow is a tethered live bird. I am sure the Deputy will approve of that.

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This does not apply to other decoys.

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Michael Joseph O'Higgins Mrs. Hogan O’Higgins Fine Gael

It does in paragraph (c).

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Artificial decoys are ruled out.

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Will they be all right for duck and geese?

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The calls and whistles you can buy?

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Michael Joseph O'Higgins Mrs. Hogan O’Higgins Fine Gael

Covered by subsection (2).

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Thomas J. Fitzpatrick Mr. T. J. Fitzpatrick (Cavan) Fine Gael

It is regarded as unfair hunting.

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That is going too far. That is taking a lot of the fun out of hunting.

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Thomas J. Fitzpatrick Mr. T. J. Fitzpatrick (Cavan) Fine Gael

I would regard it as unsporting to call a bird with an artificial birdcall and then shoot him.

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It is no different from going out with a setter and setting a bird.

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Thomas J. Fitzpatrick Mr. T. J. Fitzpatrick (Cavan) Fine Gael

A setter puts it up eventually.

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You can have the whistle type of call still.

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A call does not bring him up to the point of your gun either.

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It is only electrical appliances that are forbidden. Subsection (2) allows the normal type of whistle or similar instrument.

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Thomas J. Fitzpatrick Mr. T. J. Fitzpatrick (Cavan) Fine Gael

Subsection 2 accepts traditional hunting lures for wild duck and wild geese: whistles or similar instruments or appliances imitating or emitting calls resembling the calls of such game species, which are operated manually or orally.

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It includes the use a stuffed or artificial decoy in the form of any bird for the purpose of hunting any protected wild birds, other than wild duck or geese.

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Thomas J. Fitzpatrick Mr. T. J. Fitzpatrick (Cavan) Fine Gael

I am told that the general policy behind the section is that sportsmen, properly so-called, do not require these aids, and they are somewhat the weapons of the poacher.

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It is like the man who goes out fly fishing and who uses a spinner. It is all the same. They all use them.

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In relation to paragraph (c) of section 35 (1), does that cover woodquests?

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Thomas J. Fitzpatrick Mr. T. J. Fitzpatrick (Cavan) Fine Gael

I am told that it does not cover woodquest.

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That is the only way you can get near them when they are protected.

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Paragraph (a) of subsection (1) provides that a person shall not use as a scarecrow any live wild bird. Would that refer to birds in the black list?

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Thomas J. Fitzpatrick Mr. T. J. Fitzpatrick (Cavan) Fine Gael

It covers any wild bird because this would be regarded as a cruel practice.

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There are people who can imitate perfectly bird calls and animal calls. They can do this without an amplifier. What is the difference between a recorded call of an animal and a person imitating the call? We are preventing them from using recording apparatus.

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Thomas J. Fitzpatrick Mr. T. J. Fitzpatrick (Cavan) Fine Gael

Yes, because in ordinary language that could be done on a wholesale basis. An individual can imitate a bird and get away with it and apparently that is permitted but to introduce mechanical aids on a full scale basis is discouraged.

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There is a mixed philosophy behind section 35. Paragraph (a) is against cruelty while paragraphs (b), (c) and (d) are anti-poacher and have a sort of sporting motive. They do not want the ordinary decent shooting sportsman to have an unfair advantage. There are three or four different philosophies mixed up in the section. The only thing you can say about it is that it is plain common sense.

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Thomas J. Fitzpatrick Mr. T. J. Fitzpatrick (Cavan) Fine Gael

Yes.

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And quite unenforceable.

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