Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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Question 246: To ask the Minister for Agriculture, Fisheries and Food the steps he has taken to ensure that the programme of re-introduction of birds of prey is supported by the farming community and the penalties in place to penalise those who would poison or destroy birds which are part of the programme. [19582/10]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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My Department is not directly involved in the programme of re – introduction of birds of prey to certain areas in this country.

However, checks are carried out under the Direct Payment Schemes to ensure that farmers comply with eighteen statutory management requirements. One of these requirements relates to the conservation of wild birds. Specifically farmers must not:

Kill or capture any wild birds.

Deliberately disturb wild birds while they are breeding or rearing young.

Blind or mutilate wild birds as decoys.

Use any of the following to capture or kill wild birds

Artificial light sources, mirrors or other dazzling devices

Nets or traps which are non–selective

Poisons

Gas or smoke

Penalties for non-compliance are provided for in the governing EU regulations and are applied to the Single Payments Scheme, Disadvantaged Areas' Scheme and to the REPS 4 Scheme.

In addition, under the Protection of Animals Act, 1911(section 8) and the Protection of Animals (Amendment) Act, 1965 (Section 14), there are specific provisions for the laying of poison. Section 14(3) requires that a notice in writing of the laying of poison or poisonous matter be given to the Garda Síochána for the sub-district in which the land is situated. The Garda Síochána enforce the legislation.