Wildlife Legislation

“Wildlife Crimes” are offences against laws which protect wild plants, animals and habitats. Amongst the most important of these laws are the Wildlife Acts 1976 to 2018 and the European Communities (Birds and Natural Habitats) Regulations 2011. Both the Director of Public Prosecutions and the Minister with responsibility for nature conservation may bring prosecutions for such offences. The latter is the Minister for Housing, Local Government and Heritage. The National Parks and Wildlife Service (NPWS) is part of the Heritage Division of that Department.

Members of An Garda Síochána (AGS) and authorised officers of the NPWS are empowered to investigate suspected wildlife offences and bring proposals for prosecution. For this reason, AGS and NPWS have often engaged with one another when investigating wildlife offences.

The National Parks and Wildlife Service provides a useful overview of wildlife legislation.

Court Cases

Wildlife legislation related court cases:

NPWS – An Garda Síochána Protocol on co-operation and collaboration on Wildlife Crime issues

Source: NPWS Legislation and Licensing Unit – 13 June 2022.

Joint Protocol
Between
An Garda Síochána
Ireland’s National Police Service
and
The National Parks and Wildlife Service
Department of Housing, Local Government and Heritage
On co-operation and collaboration on Wildlife Crime issues

Version 2

This agreement was made between An Garda Síochána, Ireland’s National Police Service (AGS) and the National Parks and Wildlife Service (NPWS) on 12 April 2021.

Purpose: To establish a closer working relationship between AGS and the NPWS on issues involving wildlife crime and in particular, to develop systems of contact and mutual support.

Scope of Joint Protocol

This joint protocol has been drawn up to build on existing liaison between the NPWS and An Garda Síochána and will facilitate an enhanced strategic working relationship, particularly in the area of planning, clearer lines of communication, intelligence sharing, participating in joint planned operations and mutual support.

An Garda Síochána

An Garda Síochána is the national police service of Ireland. The Mission Statement of An Garda Síochána is Keeping People Safe. Today, An Garda Síochána is a community based organisation with over 14,500 Garda and civilian employees, who serve all sections of the community.

AGS are represented in every county in Ireland, listening to, acting and working with the community. Some of the core functions of AGS include:

• The detection and prevention of crime;
• Ensuring our nation’s security;
• Reducing the incidence of fatal and serious injuries on our roads and improving road safety;
• Working with communities to prevent anti-social behaviour;
• Promoting an inter-agency approach to problem solving and improving the overall quality of life.

An Garda Síochána has a long established tradition of working closely with communities all across Ireland. By fostering and maintaining effective community partnerships, and ensuring a more visible Garda presence, AGS works to achieve a reduction in crime and the fear of crime in our communities.

The NPWS

Responsibility for the development and implementation of nature conservation law rests with the Department of Housing, Local Government and Heritage. This is delivered through the Natural Heritage Division and, in particular, the National Parks and Wildlife Service (NPWS) section of the Department. Some of the core functions are:

• Development of national policy on nature/biodiversity, conservation and legislating for the implementation of both national and EU policy.
• Direct implementation of elements of national policy on the ground (other public bodies also having responsibilities in this regard) and supporting other State bodies in implementing a range of national and EU directives.
• Enforcing the various provisions of the Wildlife Acts and supporting initiatives for various breaches of the Acts. (AGS also has powers to prosecute offences under the Wildlife Acts). NPWS is also responsible for the licensing provisions under the Wildlife Acts, including deer hunting licenses.
• Implementing and enforcing the European Communities (Birds and Natural Habitats) Regulations, 2011 to safeguard certain designated natural habitats and certain listed annex species. (AGS have the same powers under these regulations).

The Department of Housing, Local Government and Heritage is focused on delivering overall national obligations in co-operation with other public bodies, local authorities, local communities and other interested groups and stakeholders; the latter of which includes, as a priority, An Garda Síochána, in order to deliver shared objectives.

Preamble

According to the European Parliament, wildlife crime is the fourth largest criminal activity in the world, falling behind only drug trafficking, counterfeiting and human trafficking. The primary wildlife legislation in Ireland, affording protection to our species, are the Wildlife Acts 1976 to 2018. In addition, some species are afforded strict protection under the European Communities (Birds and Natural Habitats) Regulations 2011. NPWS authorised persons and members of An Garda Síochána have the same powers under the Wildlife Acts 1976 to 2018.  These powers include powers to stop and search vehicles, vessels and aircraft, require names and addresses, require the declaration and production for examination of animals, firearms, etc., powers to seize evidence, enter onto and search land other than a dwelling, and powers to seek search warrants to facilitate the searching of dwellings.

Since authorised officers were first appointed under the Wildlife Acts, a range of wildlife crime offences have been prosecuted through the courts. Some cases involve joint AGS/NPWS operations and AGS prosecute wildlife crime cases where they detect such offences. In some instances it is mandatory for AGS and the NPWS to work together e.g. when NPWS staff obtain search warrants to search a dwelling, a member of AGS must be present.

NPWS staff and An Garda Síochána have the same powers under the European Communities (Birds and Natural Habitats) Regulations, 2011 to ensure protection of designated natural habitats and listed annex species.

Certain areas of Wildlife Crime of Note

Illegal Hare Hunting

The Irish hare (Lepus timidus hibernicus) is protected under the Wildlife Acts. However, illegal hare hunting using lurcher types has been identified as a significant problem in Ireland by the NPWS. There is full support for the NPWS in rural communities and from bodies such as the Irish Farming Association, Irish Coursing Club and local crime watch groups in relation to tackling this problem. In many cases, apart from wildlife crime issues, there can also be property damage issues and threats against landowners. Rural communities feel that unlawful hunting is often a front for individuals to check property, equipment and security, with a view to returning and committing further crime through theft. The NPWS has been active in organising targeted patrols and has had a number of successful prosecutions. AGS have also been active both in supporting NPWS staff and detecting offences separately themselves. 

Badger Baiting

Badgers (Meles meles) are protected in Ireland under the Wildlife Acts and Appendix III of the Berne Convention. Badger baiting, (the practice of digging up badgers and setting dogs on them);   is a serious concern in some parts of Ireland. Badgers may also be unlawfully snared or trapped and removed for organised baiting off site. This can result in unnecessary suffering to both dogs and badgers. Badger baiting is an offence under Section 15(1) of the Animal Health and Welfare Act, 2013, and also under Section 23(5) of the Wildlife Acts. This practice has on occasion been associated with known criminals and both badger baiting and dog fighting may often  attract overseas criminals where betting is a central focus.

Unlawful Hunting with Firearms, including at night

Throughout Ireland, hunting of protected animals at night, often with firearms and aided with powerful lamps, is a significant problem. In the majority of cases, such unlawful hunting targets the wild deer population on a commercial basis with some operators selling large numbers of animals to game dealers. Rural communities have complained to NPWS over the years about property being damaged and on occasion, stock such as horses and cattle being shot; on occasion bullets have hit dwellings and adjacent outbuildings. Again, both AGS and NPWS have been proactive over the years in combating these practices, with many prosecutions initiated and in many cases firearms seized and subsequently forfeited.

CITES Offences

The Convention on International Trade in Endangered Species (CITES) is implemented through the Wildlife Acts. One of the main offences is the trade and movement of certain listed species without the necessary certificates in effect from the source country. The NPWS has found a correlation between known criminals and involvement in CITES offences. The United Nations Office on Drugs and Crime has for some time highlighted the link between organised crime groups and their involvement in illegal trade in wildlife.

Communications

There is already a very good working relationship at national and local level between AGS and the NPWS. Both organisations have worked together on a number of successful wildlife crime combatting operations in various locations throughout the State. This protocol seeks to build on the existing, often informal, relationships and seeks to establish formal lines of communication in all areas.

The Garda National Bureau of Criminal Investigation (GNBCI) act as An Garda Síochána’s organisational point of contact with associated stakeholders in respect of the investigation of Wildlife Crime.  As part of this protocol, AGS will assign an Inspector in each Garda Division as a Wildlife Crime Liaison Officer who will be the principal point of contact with the NPWS. In turn, the NPWS will assign sixteen District Conservation Officers, who operate on a (NPWS) district basis, to liaise with the corresponding AGS point of contact. Officers from both organisations will maintain contact on an ongoing basis as agreed between them locally. They will share relevant information and intelligence with a view to preventing wildlife crime and/or prosecuting offences.

The liaison officers in place in both organisations at the time of signing this agreement are set out in appendices A and B.

These liaison Officers are subject to change over time and arrangements have been put in place by the Garda Crime Legal Unit and by the NPWS to inform each other as soon as possible of such changes, which will be notified locally by both parties as appropriate.   

For joint planned operations, AGS and the NPWS will establish agreed clear methodology of shared communication based on the best available technology to facilitate effective operational communication.

Both AGS and the NPWS will commit to an annual meeting between Garda Superintendents in relevant Garda Districts and Divisional and Regional Managers on the NPWS side. The relevant Garda and NPWS liaison officers and other relevant NPWS staff should also attend. Subject to availability, staff of NPWS HQ may also attend.

At senior level, the Chief Superintendent of the Garda Crime Legal Unit in Garda HQ and the Head of the Wildlife Licensing Unit in NPWS will meet on at least two occasions each year to review wildlife crime issues including the operation of this protocol.

Training and Guidance

A joint meeting of all Garda Liaison Officers, NPWS liaison officers, other senior Garda and NPWS Officers, including the Chief Superintendent of the Garda Crime Legal Unit and the Head of the Wildlife Licensing Unit in NPWS, will take place as soon as possible following the signing of this agreement. The meeting will implement and outline at practical level the effect of this protocol. Presentations on relevant issues within the remit of both parties including expert input will be made at this event.

Garda Trainees: NPWS staff will be available to provide a presentation/training element on wildlife crime to Garda Trainees at the Garda College in Templemore, Co. Tipperary.

NPWS staff will be available to provide in-service training to AGS on an ongoing basis on wildlife crime matters, including the relevant legislation. NPWS staff will also be available to provide guidance on offence wording relating to Wildlife Act offences.

Garda officers will also be available to provide guidance to NPWS staff at appropriate events e.g. NPWS conferences or at specially arranged wildlife crime events.

Intelligence and Information Sharing

Wildlife Crime Convictions: NPWS and AGS will establish a process for cross reporting and transfer of information regarding Wildlife Act convictions. This will be particularly important information for both AGS and the NPWS to have at local level.

In regard to sharing information particularly in relation to convictions under the Wildlife Acts, the Firearms Policy Unit of AGS and the Wildlife Licensing Unit (and proposed Wildlife Licensing Unit) of the NPWS will liaise in this area. This information will then be disseminated through both organisations.

As indicated above, the Garda Wildlife Crime Liaison Officers and NPWS District Conservation Officers will share relevant information and intelligence on an ongoing basis with a view to preventing wildlife crime and bringing perpetrators of wildlife crime to justice. The sharing of information and intelligence between other officers of AGS and the NPWS shall not be precluded as a result of these arrangements (but where practicable, any such contacts will be notified internally to each party’s own relevant contact officer).

All operational intelligence sharing between AGS and the NPWS shall be within normal data protection requirements and security and organisational parameters.

Duration of Protocol

This joint protocol between An Garda Síochána and the National Parks and Wildlife Service shall be effective from (insert date) which will continue for an undefined period, and be subject to an annual review. Either party may request a review at any time.

Appendices:

Appendix A: Garda Liaison Officers and contact details (withheld)
Appendix B: NPWS Liaison Officers and contact details (withheld)

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