Heritage Minister James Browne is being urged to remove all red and amber listed birds from the Open Seasons Order (Birds).
The Irish Council Against Blood Sports/ICABS said the Minister needs to act to save and protect Irish birds.
A recent High Court ruling found that the Heritage Minister’s predecessor (Darragh O’Brien), and the previous Minister of State for Nature (Malcolm Noonan), acted lawfully in removing red-listed pintail, pochard, scaup and goldeneye ducks from the annual shooting list knowns as the Open Season Order (Birds).
The National Association of Regional Game Councils (NARGC) had brought a Judicial Reviews case to the Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 2023, which made it unlawful to hunt the four species of duck after August 24, 2023.
The NARGC made that case the minister had acted unlawfully in making the order by failing to comply with a provision of the Wildlife Act 1976.
In response, Caren Geoghegan, counsel for the State, said the minister had the powers to make the no shooting order without being obliged to carry out the analysis as he was acting on “cogent scientific evidence” that there had been a decline in the populations of the relevant species in Ireland over the preceding years. His actions was an attempt to maintain the population levels of bird species.
Judge Anthony Barr ruled the minister had powers to take whatever measures needed to maintain the populations of wild birds at satisfactory levels. He referenced that under the 1976 Wildlife Act the minister has wide discretion in applying powers on matters relevant to his position.
In addition, the Minister is entitled to apply the “the precautionary principle” to wildlife conservation.
Conservation Traffic Light System
Red, amber and green is the traffic-light system used by conservation groups to classify wildlife species by their level of extinction risk or population decline. They help experts prioritize where to focus protection and funding.
In Ireland, birds are categorised on these lists with red being a high conservation concern and amber being a medium conservation concern.
ICABS wants all red/amber-listed birds removed from the annual open season order that permits their hunting with firearms.
The organisation highlighted that the Snipe is a threatened red-list species of highest conservation concern. Breeding populations are now “in severe decline” Shooters are currently allowed to kill Snipe during 153 days of the year (1st September – 31st January).
The Red Grouse is a threatened red-list species of highest conservation concern. Shooters are currently allowed to kill Red Grouse during the month of September.
The Shoveler duck is a threatened red-list species of highest conservation concern. Shooters are currently allowed to kill Shoveler ducks during 153 days of the year (1st September – 31st January).
The Golden Plover is a threatened red-list species of highest conservation concern. Shooters are currently allowed to kill Golden Plovers during 153 days of the year (1st September – 31st January).
The Woodcock is a threatened red-list species of highest conservation concern. Shooters are currently allowed to kill woodcocks during 92 days of the year (1 November to 31 January).
In respect of amber listed bird species, Mallard, Teal, Gadwall, Wigeon, Tufted Duck, they can be shot between September and January while the Greylag Goose can be shot between September and October.
Heritage Minister James Browne
ICABS said that the Ministers, James Browne (Fianna Fail, Wexford) and Minister of State for Nature, Heritage and Biodiversity Christopher O’Sullivan TD (Fianna Fail, Cork South West) should apply the “the precautionary principle” to wildlife conservations. This would not only include protection for birds, but also refusing to licence hare coursing.
Read: Red and Amber List of Birds of Conservation Concern in Ireland (BoCcc14) 2020-2026
Read: Open Seasons Order ( Birds and Mammals)
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