Environmental / Habitat Crimes
The rapid growth of mankind on this earth and our unrelenting consumption of its natural resources places enormous pressure on the other species that we share this planet with.
Our ancestors first set foot in Ireland about 12,500 years ago and since then our impact on its wild flora and fauna has been great but unfortunately mostly in a negative sense. Practically all of our wild places have been tamed and cultivated for the growing of food crops, the building of houses, roads and other infrastructure.
The vast area of forest cover was the first to disappear from the Irish landscape. Drainage and cultivation of our rivers and wetlands followed and today we struggle to protect remaining remnants of what was once a vast area of active raised bog covering the Irish midlands. Many species of flora and fauna have lost out to the more intensive nature of present day farming. Pesticides, herbicides and fertilizers can certainly increase our agriculture output but their use can take a serious toll on farmland biodiversity. Anyone old enough to remember hearing the dawn and evening chorus in the 1950's will know that in today's world that wonderful sound has greatly diminished.
It hasn't all been bad news; pine marten numbers have increased greatly in recent times, the buzzard is now a common bird of the countryside, little egrets are establishing themselves in our wetlands and the great spotted woodpecker has returned and its numbers are increasing in our woodlands.
However, those and other successes may hide a more dismal trend of overall loss of our biodiversity.
Except for a few species of bees and butterflies we generally know little about and fail to notice the decline of the many invertebrate species, which pollinate our crops and are a major component in the food chain of other species.
Our insect eating bats are declining. Once common farmland bird species such as the corncrake, grey partridge, skylark, meadow pipit, yellowhammer, barn owl and kestrel are now considered species of high conservation concern. The curlew, a recently common and iconic bird of our wetlands and moorlands, is now almost lost to Ireland as a breeding species. Our red grouse populations continue to decline in line with the degradation and loss of the heather dominated peatlands they depend on.
The water quality of our rivers and lakes has deteriorated with a resulting decline in aquatic species.
To ensure the conservation of any species of wildlife it essential to protect the habitat it lives in and safeguard other environmental factors influencing its survival. We must also understand the principles of and its place in the ecosystem that it is part of. With this knowledge we can avert the decline and extinction of many species and ultimately perhaps ensure our own continuance on this earth.To that end, examples of important habitats and ecosystems are afforded protection under national and European legislation.
Habitats and Irish Law
These are key Irish statutes that protect habitats and their inhabitants.
The Wildlife Acts 1976 to 2012
European Communities (Birds and Natural Habitats Regulations 2011
Section 15 of the Wildlife Acts 1976, as amended provides for the protection of land (including land covered by inland water) owned by the State and containing habitats, ecosystems, features of geological, geomorphological or other natural interest that would be likely to benefit if measures are taken for its protection. The Minister may by order (referred to as an 'establishment order') declare the land to be a nature reserve.
Example: Nature Reserve (Pollardstown Fen) Establishment Order, 1986 Statutory Instrument Number 414 of 1986
Section 16 of the Act provides for the Minister to declare privately owned lands a Nature Reserve, in agreement with the owners. The lands must include a habitat or an ecosystem or other natural interest as described in section 15. The Minister may by order (referred to as a 'recognition order') recognise the land as a nature reserve.
Example: Nature Reserve (Fenor Bog) Recognition Order, 2004. S.I. No. 86 of 2004
Before publishing such notice the Minister shall consult the Minister for Agriculture and any planning authority in whose area the land is situate and serve on the owners or occupiers of such land notice of the particulars to be contained in the notice he proposes to so publish.
Any person who contravenes a designation order shall be guilty of an offence
Example: Refuge for Fauna (Cliffs of Moher) Designation Order, 1988, S.I. No. 98 of 1988
The Minister may acquire lands for the purpose of the Wildlife Acts, which may not carry any of the above statutory designations.
An example would be the lands at Boora, Co Offaly which the Minister acquired from Bord Na Mona for the conservation of our native grey partridge. At the beginning of this century the grey partridge was perilously close to extinction as a naturally occurring species in Ireland and the last few were surviving in BNM lands at Boora.
The proper management of the lands for the grey partridge since then has seen their population rise to a level where they are now repopulating the surrounding countryside. As this is the last potentially sustainable wild population of grey partridge in Ireland, the Department of Agriculture, Food and the Marine have selected a number of priority areas locally for the introduction of the GLAS Tier 1 grey partridge scheme (an agri-environmental conservation scheme) which will benefit wild partridge and many other farmland species.
The management of the Boora lands has already greatly benefited other species. It has become a particularly important site in the Irish midlands for breeding lapwing, it has a huge population of hares and rare birds of prey such as hen harrier, marsh harrier and merlin can be regularly seen hunting the area.
The Wildlife (Amendment) Act 2000, section 18 introduced a statutory process to give the Minister power to designate land as a Natural Heritage Area (NHA). This applies to an area which is worthy of conservation for one or more species, communities, habitats, landforms or geological or geomorphological features, or for its diversity of natural attributes.
It is currently proposed to designate in excess of 800 sites as NHAs'.
Some of the proposed NHAs' are tiny, such as a roosting place for rare bats. Others are large, such as blanket bogs or lakes.
To date, only a number of our peat bog sites have been formally designated.
Prior to statutory designation, proposed NHAs' are subject to limited protection, in the form of:
Natural Heritage Areas enjoy the protection of the Wildlife (Amendment) Act 2000 from the date the Minister serves notice on the landowners and occupiers of his intention to make an order designating the land as an natural heritage area.
The notice shall be accompanied by -
(a) a map of an appropriate scale which clearly identifies the land to which the notice relates,
(b) Outline the reason the site is of special scientific interest and indicate the works which the Minister considers would be liable to destroy or damage the integrity of the proposed natural heritage area
(c) Indicate the protective measures the Minister proposes to include in the proposed order for the protection of the natural heritage area, and
(d) Indicate the procedures by which a person may object.
Once served with the notice, it is an offence for a person to carry out any works which the Minister considers would be liable to destroy or damage the integrity of the site without the Minister's consent.
Example: Natural Heritage Area (Girley Bog Nha 001580) Order 2003 S.I. No. 600 of 2003
European Communities (Birds and Natural Habitats Regulations 2011
These are prime areas of natural habitats in the country, considered to be important for wildlife on a European as well as an Irish level.
Areas chosen as SAC in Ireland encompass an area of approximately 13,500 sq. km. Roughly 53% is land and the remainder being marine or large lakes.
The legal basis on which SACs are selected and designated is the EU Habitats Directive (92/43/EEC). This directive was transposed into Irish law in the European Communities (Natural Habitats) Regulations 1997, which has now been revoked and replaced by the European Communities (Birds and Natural Habitats) Regulations 2011.
The Habitats Directive lists certain habitats and species that must be given protection in SACs.
Irish habitats include raised bogs, blanket bogs, fens, turloughs, sand dunes, heaths, lakes, rivers, woodlands, estuaries and sea inlets.
The Irish species which must be afforded protection include salmon, otter, freshwater pearl mussel, marsh fritillary butterfly and Killarney fern.
Some habitats and species are deemed "priority" and have greater requirements for designation of sites and protection.
These sites are areas of importance for bird species.
There are 154 SPAs in Ireland encompassing over 570,000 hectares of marine and terrestrial habitat.
The legal basis for selection and designation is the EU Birds Directive (79/409/EEC) which requires the designation of SACs for:
In addition sites important for dispersed species are required under the Directive.
Special Areas of Conservation and Special Protected Areas collectively form part of 'Natura 2000' a network of protected areas throughout the European Union. Across the EU, sites forming part of 'Natura 2000' cover an area of land and sea the size of Germany.
Under Irish law, SACs and SPAs are protected under the E.C. (Birds and Natural Habitats) Regulations 2011.
The procedure for designation and protection is similar to the protection of natural heritage. Once a site has been identified, landowners are notified of the Minister's intention to designate and it becomes a 'proposed candidate SAC' or a 'proposed SPA'. Maps are issued to landowners giving details of the site boundary. A list of activities that might damage the wildlife interest of the site, and measures required to protect the site, is also provided. These are called 'Actions Requiring Consent'.
A person on whom such a notice is served or any other person having or being entitled to an interest in or over the land comprising the site or part thereof or any other person with land outside and whose use of the land may be potentially affected by the designation may within a three month period of the notification object on scientific grounds to the inclusion of the land as an SAC or SPA.
Where the Minister refuses permission for an Action Requiring Consent the landowner is entitled to compensation of an amount equal to the loss suffered by the depreciation of an interest in the land to which he or she is entitled.
Conviction for causing damage to an SAC or SPA or other infringements of the European Communities (Birds and Natural Habitats) Regulations 2011 can carry penalties of a fine not exceeding €500,000 or imprisonment for a term not exceeding three years, or both.
Where an activity, plan or project that has been carried out within or outside an SAC or SPA has caused damage to that site or to a species or habitat types for which the site was selected and is in contravention of these Regulations, or of the Planning and Development Acts 2000 to 2011 or is otherwise unlawful, the Minister may, by Direction issued in writing, require the owner or person who carried out the activity, plan or project, or such other persons he or she considers appropriate, to restore the land in accordance with the Direction.
Failure to comply with the Direction is an offence.
In Ireland we have six national parks covering a total of 612 sq km.
They mostly comprise large areas of sensitive upland habitats which are owned and managed by the State for conservation and conservation-sensitive visitor use.
Killarney National Park was our first national park and was established in1932 when the 4,300 hectares Bourn Vincent Memorial Park was presented to the Irish State by Senator Arthur Vincent. Since then land has been added through acquisitions and bequests, notably from the McShane estate.
The park now measures some 10,300 hectares and contains the most extensive area of natural woodland in Ireland, including oak woods, wet woodlands and a unique yew wood.
Red Deer have roamed these mountains and woodlands for the last 4000 years and in recent years the magnificent white-tailed eagle can be seen flying overhead.
In 1981 it was designated by UNESCO as a biosphere reserve.
In 1975 large areas of land in Donegal were purchased by the State for the creation of Glenveagh National Park. In 1981, Mr Mcllhenny presented Glenveagh Castle and Gardens to the nation and further acquisitions have since brought the park to almost 17,000 hectares.
Connemara National Park in Galway was established and opened to the public in 1980. It covers just 3,000 hectares of mountain bog, heaths, grasslands and woodlands.
Wicklow Mountains National Park was established in 1991. It comprises a total area of some 20,000 hectares of mountain bog, heaths and grasslands with good examples of oak woodland on the valley slopes.
In the centre of it all remains the preserved ruins of the 6th century monastic city at Glendalough or 'Gleann da Locha' meaning the Glen of the two lakes.
The Burren National Park in County Clare was established in 1991. It is situated at the south-eastern edge of the Burren. It covers an area of 1,500 hectares and contains examples of all major habitats within the Burren: limestone pavement, calcareous grassland, hazel scrub, ash/hazel woodland, turloughs, lakes, petrifying springs, cliffs and fen.
Ballycroy National Park in County Mayo is the country's newest national park, established in 1998. It covers an area of 11,000 hectares of unspoilt wilderness, containing one of the last intact blanket bog systems in Ireland and western Europe.
Ireland has no specific national park legislation although it is intended that this legislation will be considered in the coming years. Currently they are managed under the Bourn Vincent Memorial Park Act, 1932 (part of Killarney National Park) and the State Property Act, 1954.
However, most of the land within the national parks is designated as Special Areas of Conservation under the EU Habitats Directive or Special Protected Area under the EU Birds Directive and is therefore protected under the European Communities (Birds and Natural Habitats) Regulations 2011. The Wildlife Acts 1976 to 2012 also provides strong provisions for the protection of nature within the parks, as they do generally.
Other national legislation such as our planning and development laws takes cognisance of and protects SACs and SPAs and all public authorities and Government Ministers who licence activities in SACs and SPAs must assess applications in light of the conservation interest of the site.
The Minister in charge of the National Parks and Wildlife Service must assess activities not licensed by other Ministers or Authorities
Other bodies that have direct responsibility for implementing conservation directives are as follows:
Recording evidence at the Crime Scene
Assessing whether a criminal offence has taken place may not always be straight forward and other possibilities such as natural deaths, predation and legal hunting should be considered.
If you come across a wildlife crime scene or a dead bird or object that may be related to a wildlife crime, every piece of information is – or might be – important, but it needs to be recorded properly and accurately for the authorities to have a chance of prosecuting an offender.
Before you do anything else it is very important that:
|You do NOT put yourself in danger by approaching anyone you suspect of committing a crime – they may be violent and/or aggressive.|
|You do NOT touch any dead birds or animals. They may be poisoned baits or victims of poisoning. Many poisons (e.g. Carbofuran) are extremely dangerous to us as well as wildlife in even very small amounts and can be absorbed through the skin.|
|You do NOT disturb the scene by walking around unnecessarily - small pieces of evidence (cigarette ends, footprints, the marks left by a spade etc) may be lost or trampled into the mud or grass.|
|You do NOT move any items at the scene - unless asked to do so or an animal or human"s welfare is/may be compromised by leaving it at the scene.|
|You do NOT mark the site (e.g. with a white plastic bag) Although being able to see a marker from a distance might sound like a good idea, it will also alert an offender that someone has been at the site and they might go back and remove evidence.|
|You do NOT do anything illegal yourself - leave crime to the criminals!|
Once sure that it is safe to do so:
|Record the date and time|
|Record the transport Do this as soon as possible, as suspects can be traced from the registration number
Photograph/write down any vehicle registration numbers that are or might be related to the incident. It is legal to record a registration number if you suspect that the vehicle has been or may be used in a crime.
|Record the person
Recording the offender’s face is important of course, but their clothing, the bags they’re carrying, the equipment they’re using are all important too.
Record the scene
If possible try to cover any items, perhaps with vegetation, to make them safe; but make sure you don’t disturb the crime scene in the process!
If photographing an object, try to put something beside it for scale (e.g. a coin or notebook) providing it won’t disturb the crime scene.
Do not interfere with the victim or the bait. Leave the scene exactly as you found it so that the evidence can be fully recorded when the gardai arrives on site.
If you find a live, tethered ‘bait’ (usually a pigeon) near an active raptor (e.g. peregrine, red kite, eagle) nest if it is at all possible please remain on site to prevent the adult birds from feeding or taking the bait back to the nest until the gardai arrive.
If waiting for authorities to arrive, keep people and animals away from the area.
|Record the location
It is important to note, if at all possible, whether you are on or near public land as this will determine the prioritization of response from the Gardai (the higher the possibility the public may be impacted, the higher the priority given to the report)
It is particularly important to record locations accurately (apps that provide GPS data are available for most smartphones)
In an urban area note the address or a description of the location.
In the countryside take wide angle photographs of any landmarks; a tree, a distinctive fence line, a hill.
|Even if in doubt take a photograph and email it to the National Parks & Wildlife Service firstname.lastname@example.org|
Reporting an Environmental Crime
To report an environmental crime that you believe to be a breach of Irish wildlife legislation, contact the National Parks & Wildlife Service
Tel: 01-888 3242 or LoCall 1890 383 000
If you witness an environmental crime, here are some other organisations / links that may help:
An Taisce - the National Trust for Ireland endeavours to address threats to Ireland's protected nature conservation areas and would be very interested in hearing from you should you know of any potentially damaging plans or projects.
Tel: 01- 4541786
How to make an Environmental Complaint
Click on 'How to Make an Environmental Complaint' for the EPA's excellent leaflet which tells you who to contact, what to say and do, and provides a directory of relevant agencies' contact details.
Or use their ‘See it? Say it!’ Reporting App
If you come across a LIVE injured animal at the scene, also call a vet and/or wildlife rehabilitator
from the contact page of Irish Wildlife Matters website