Regulations 49 and 50 of the European Communities Birds and Natural Habitats Regulations 2011 [S.I. No. 477 of 2011] are concerned with the prohibition on the introduction, dispersal, trading and keeping of certain non-native species, save in accordance with a licence granted by the Minister for Arts, Heritage and the Gaeltacht. Regulation 74 details the transitional provisions in relation to Regulations 49 and 50.

Under Regulation 49

• A licence is required for any person who breeds, reproduces or releases or allows or causes to disperse or escape from confinement, any animal which

(a) is not—

(i) ordinarily resident in or is not a regular visitor to the State in a wild state, or

(ii) of a kind that is domesticated or that is in the normal course the subject of human husbandry,

(b) is included in Part 2A of the Third Schedule in any place specified in relation to such animal in the third column of Part 2A of the Third Schedule, or

(c) is included in Part 2B of the Third Schedule in any place specified in relation to such animal in the third column of Part 2B of the Third Schedule.

• A licence is required for any person who plants, disperses, allows or causes to disperse, spreads or otherwise causes to grow in any place specified in relation to such plant in the third column of Part 1 of the Third Schedule, any plant which is included in Part 1 of the Third Schedule.

Under Regulation 50

• A licence is required for any person who has in his or her possession for sale, or for the purposes of breeding, reproduction or propagation, or offers or exposes for sale, transportation, distribution, introduction or release—

(a) an animal or plant listed in Part 1 or Part 2 of the Third Schedule,

(b) anything from which an animal or plant referred to in subparagraph (a) can be reproduced or propagated, or

(c) a vector material listed in Part 3 of the Third Schedule, in any place in the State specified in the third column of the Third Schedule in relation to such an animal, plant or vector material.

•  A licence is required for any person who imports or transports—

(a) an animal or plant listed in Part 1 or Part 2 of the Third Schedule,

(b) anything from which an animal or plant referred to in Part 2 of the Third Schedule can be reproduced or propagated, or

(c) a vector material listed in Part 3 of the Third Schedule, into or in or to any place in the State specified in relation to such an animal or plant or vector material in relation to that animal or plant or vector material in the third column of the Third Schedule.

•  A licence is required for any person who publishes or causes to be published by any means, including on the internet, any advertisement, catalogue, circular or price list likely to be understood as conveying that such person imports into the State, buys, sells, distributes or provides for the introduction or release, or intends to buy or sell or distribute or introduce or release, in any place in the State as specified in the third column of the Third Schedule,—

(a) an animal or plant listed in Part 1 or Part 2 of the Third Schedule,

(b) anything from which such an animal or plant can be reproduced or propagated, or

(c) a vector material listed in Part 3 of the Third Schedule.

Under Regulation 74

A transitional licence is required for any person possessing any prohibited items referred to in Regulation 50.  An application for this licence must be submitted to the Minister within 21 days after the commencement of Regulation 50.  A transitional licence can be granted for a period not exceeding six months.  A person who has received a transitional licence may, not later than 21 days before the expiry of the transitional licence, apply for a licence in accordance with Regulation 50 in respect of the items that are in their possession.