Joe McHugh (Donegal North East, Fine Gael)
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Question 208: To ask the Minister for the Environment, Heritage and Local Government if he will provide advice regarding conservation regulations that apply to agricultural land bordering rivers that have become habitats for wild geese and wild ducks in the past ten years; to direct this information towards farms whose annual crops are damaged by the forage of such wild birds; and if he will make a statement on the matter. [40406/10]

John Gormley (Dublin South East, Green Party)
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Under the Wildlife Acts and the EU Birds Directive I have certain responsibilities relating to the protection of wild birds and their habitats. The Wildlife Acts 1976 and 2000 provide for the making of orders relating to the provision of open seasons for the hunting of protected game birds and mammals. The game birds in question include various species of geese and duck. The hunting season for these game birds varies depending on the species but does not extend outside the period from 1 September to 31 January. These orders are reviewed from time to time, taking account of the conservation needs of the individual species. For example, during the freeze which occurred last winter, I considered it necessary to curtail the Open Season for waterfowl for approximately two weeks.

Although the hunting of birds is covered in general by the orders providing for open seasons, individual licences are required under Section 30 of the Wildlife Act 1976 (as amended) for hunting on foreshore, lakes and inland waters belonging to the State. While such licences are applicable to the hunting of fauna generally, they are in practice obtained for the hunting of wildfowl, and are subject to the provisions of the open season orders.

Separately, under the terms of the EU Birds Directive Member States are allowed to make derogations from its protective measures where certain wild bird species, including crows, magpies and pigeons, are causing damage to crops, livestock and fauna or represent a threat to public health or to air safety. I make declarations which renew these derogations every four months. The current declarations are for the period September to December 2010. These declarations are given wide publicity by my Department. Notices relating to the current period were placed in the national newspapers as well including in publications such as the Irish Farmers Journal and the Irish Shooters Digest. In addition, the various declarations were also placed on my Department's website and on the website of the National Parks and Wildlife Service.

The current declarations include amended provisions deleting the use of non-meat based poisoned or anaesthetic bait for the control of grey crows and magpies. This is to reflect the current legal position whereby there is no poison which can be lawfully used against birds. General advice in relation to wild bird conservation is available on the website of the National Parks and Wildlife Service of my Department at www.npws.ie. Local offices of the National Parks and Wildlife Service will be happy to offer advice in specific cases.