S.I. No. 96/1972 - Game Birds Protection Order, 1972.

S.I. No. 96 of 1972.

GAME BIRDS PROTECTION ORDER, 1972.

I, SEÁN FLANAGAN, Minister for Lands, being satisfied that the species of game birds specified in the first column of the First Schedule to this Order are in special need of protection in the whole of the State and that the species of game birds specified in Article 4 of this Order are in special need of protection in the areas specified in the Second Schedule to this Order, do hereby, in exercise of the powers conferred on me by section 6 of the Game Preservation Act, 1930 (No. 11 of 1930) and the Game Preservation Act, 1930 (Transfer of Departmental Administration and Ministerial Functions) Order, 1958 ( S.I. No. 186 of 1958 ), order as follows:—

1. This Order may be cited as the Game Birds Protection Order, 1972.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. (1) The killing or taking, in the whole of the State, of each of the species of game birds, other than woodcock, specified in the first column of the First Schedule to this Order is hereby prohibited for the period mentioned in the second column of that Schedule opposite the mention in the said first column of such species of game birds, and the killing or taking, in the whole of the State, other than the county of Cork, of woodcock is hereby prohibited for the period mentioned in the said second column opposite the mention of that species.

(2) The killing or taking of grouse in the counties of Clare, Cork, Donegal, Galway, Kerry, Leitrim, Limerick, Mayo, Roscommon and Sligo is hereby prohibited for the period from the 12th day of August, 1972, to the 31st day of August, 1972, both days inclusive, and the prohibition imposed by this paragraph is in addition to the prohibition imposed by paragraph (1) of this Article.

(3) The killing or taking of woodcock in the county of Cork is hereby prohibited for the period from the 16th day of February, 1973, to the 28th day of February, 1973, both days inclusive.

4. (1) The killing or taking, in the areas specified in the Second Schedule to this Order, of pheasant, partridge, grouse, quail, landrail, plover, snipe and woodcock and of mallard, teal, widgeon and other species of wild duck and of brent goose, barnacle goose, greylag goose and other species of wild goose is hereby prohibited for the period of one year from the making of this Order.

(2) Each of the areas mentioned in paragraph (1) of this Article shall be taken as including the part of any road, walk, path or other passageway which is immediately adjacent to the area concerned.

5. The Game Birds Protection Order, 1971 ( S.I. No. 195 of 1971 ), is hereby revoked.

FIRST SCHEDULE

SECOND SCHEDULE

1. The Lee Reservoir in the County of Cork.

The area comprising the land for the time being covered by the waters of the part of the Lee Reservoir which is between Inishcarra Dam and Carrigadrohid Dam in the county of Cork, and the land forming the islands therein together with the lands in the townland of Farran known respectively as Lower Farran Wood, Poul Koum Wood and Looneys Wood and which at the date of this Order are in the possession of the Department of Lands (Forest and Wildlife Service).

2. Lough Aderry in the County of Cork.

The area comprised of the land for the time being covered by the waters of Lough Aderry in the county of Cork, together with the following adjoining lands, namely:

(a) the lands which comprise the part of the townland of Farrantrenchard which lies north of the public road running north-east south-west along the boundary of that townland and east of the public road which joins the last-mentioned public road and passes St. Colman's Church,

(b) the lands which comprise the part of the townland of Stumphill which lies east of the said road which passes St. Colman's Church and south of the public road from Midleton to Castlemartyr,

(c) the lands which comprise the part of the townland of Loughaderry which lies south of the said Midleton to Castlemartyr road and west of the public road which joins the said Midleton to Castlemartyr road and is initially adjacent to the eastern shore of the said lough,

and

(d) the lands comprising the part of the townland of Caherultan which lies west of the public road second-mentioned in the proceding paragraph hereof and north of the road part of which forms the southern boundary of the said townland of Farrantrenchard.

3. The Lough in the County Borough of Cork.

The area known as the Lough, Cork, and which is bounded on the north by the front garden walls of the houses known as Lough View, on the east by Lough Road, on the south by Glendalough Park and on the west by the boundaries between private property and Corporation land extending from the junction of Hartland's Avenue and Glendalough Park to the southern end of St. Finbarr's Park and thence to the southern end of Hartland's Road.

4. Blanket Nook in the County of Donegal.

The area within an imaginary line drawn from the point where the townland boundary between the townlands of Ballymoney and Grange meets the high water mark in a south-westerly direction and parallel to the former railway embankment, for a distance of 1,105 yards to the point where it last touches the high water mark, then following the high water mark in a south-easterly direction for a distance of approximately 150 yards to where it reaches the west side of a public road, then continuing along the west hedge of that public road in a southerly direction for a distance of 664 yards, then leaving the said public road and continuing first in an easterly and then in a north-easterly direction along a cart-track for a distance of 154 yards, then following the south side of the canal which runs alongside an embankment, first in a north-easterly direction for 528 yards, then a south-easterly direction for 286 yards, then in a north north-easterly direction for 618 yards, and finally in a north-easterly direction for approximately 99 yards to the point where it meets the townland boundary between the townlands of Grange and Blanket Nook, then continuing along that townland boundary for a distance of 415 yards to the point where it meets the high water mark and finally continuing in a north-westerly direction along the high water mark for approximately 150 yards to the point where the townland boundary between the townlands of Ballymoney and Grange meets the high water mark.

5. Trawbreaga Bay in the County of Donegal.

The area which consists of that part of Trawbreaga Bay which lies east or south of an imaginary line drawn in a south-westerly direction from the point where the centre of the stream forming the townland boundary between the townlands of Knockamany and Lag meets the high water mark and through the northern point of Tough Rock to the high water mark beyond.

6. The North Bull Island, Dollymount, in the County Borough of Dublin.

The area within the County Borough of Dublin which is enclosed by an imaginary line drawn from the south-eastern end of the Bull Wall, proceeding along the north-eastern side of the Bull Wall until it reaches Clontarf Road, then turning north-east along the south-eastern side of Clontarf Road to a point 533 yards west of Sutton crossroads, then following the coast line in a south-easterly direction to a point 633 yards south-east of Sutton Cross where it reaches Strand Road, then continuing in a south-easterly and southerly direction along the coast side of Strand Road to the southern end of Martello Terrace, then leaving the road and continuing south along the coast line to a point 87 yards south of the Martello tower, and thence going direct to the south-eastern end of the Bull Wall.

7. Rogerstown Estuary in the County of Dublin.

That portion of Rogerstown Estuary in the county of Dublin comprising the area below the high water mark and to the landward side of an imaginary line drawn along Rogerstown Pier and projected to the opposite shore, together with the lands comprising the parts of the townlands of Rogerstown, Balleally East and Balleally West which lie south of the Blake's Cross-Rogerstown Road, and the lands comprising the detached part of the townland of Newhaggard.

8. Lough Derg (Parts) in the County of Galway.

The areas comprising the lands for the time being covered by the waters of the following parts of Lough Derg in the county of Galway, namely:

( a ) the part which is enclosed by an imaginary line drawn from the point where the boundary between the townlands of Stoneyisland and Portumna Demesne meets the shore of the said lough, and from thence in a south-westerly direction to and along the outermost rocks which are adjacent to and approximately 250 yards west of Yew Islands, and from thence in a south-easterly direction to and along the outermost rocks which are approximately 250 yards south-west of Fowlers Island, and from thence in a north-easterly direction to the most southerly point of the Silver Islands, and from thence to Rinmaher Point, and from thence, initially in a westerly direction, along said shore to the point first-mentioned,

( b ) the part which is enclosed by an imaginary line drawn from Rinmaher Point in an north-easterly direction to the most easterly point of Rinmaher Wood and from thence, initially in a north-westerly direction, along the said shore to Rinmaher Point, and

( c ) the part which is enclosed by an imaginary line drawn from the most easterly point of Rinmaher Wood in a north-easterly direction to the most southerly point of the place known as New Quay and from thence, initially in a south-westerly direction, along the said shore to the point first-mentioned in this paragraph.

9. Ballymascanlan Estuary in the County of Louth.

All that part (together with the embankment hereinafter mentioned) other than the baronial waters of the Barony of Dundalk Lower which lie between the townlands of Ballymascanlan and Bellurgan, and the part of the baronial waters of the Barony of Dundalk Upper which lies between the townlands of Aghaboys and Dowdallshill and west of an imaginary line drawn due north for a distance of 170 yards from the point where the boundary between the townlands of Marsh North and Dowdallshill meets the last-mentioned baronial waters, of the Ballymascanlan Estuary, which is on the northern side of an imaginary line drawn from the point where the boundary of the townland of Marsh North meets the seaward edge of the disused railway embankment, along that edge to the western end of that embankment and from thence projected due east to the point where it meets the boundary of the townland of Bellurgan.

10. Lough Carra in the County of Mayo.

The area comprised of the land for the time being covered by the waters of Lough Carra, County Mayo, together with the lands forming the islands in the aforementioned lake.

11. The Inishkea Islands in the County of Mayo.

The area enclosed by an imaginary line drawn from a point 150 yards south of the centre of Carrickalaveen in a north-easterly direction to a point 700 yards east of Gubnacusha in the townland of Inishkea North, proceeding in a north north-westerly direction to a point 300 yards north-east of the most northerly point of Carrick-moylenacurhoga, then turning due west to a point 2,000 yards north of the centre of Carrickaweelion, then turning south south-west to a point 900 yards west of the said centre of Carrickalaveen, and thence going direct to the said point 150 yards south of the centre of Carrickalaveen.

12. Annaghmore Lough in the County of Roscommon.

The area comprising the land for the time being covered by the waters of Annaghmore Lough and in the county of Roscommon, together with the land comprising the townland of Doonard More and the following lands, namely:

(a) the lands which comprise the parts of the townland of Drinaun which lie south of the public road and north or north west of the said lough,

(b) the lands which comprise the part of the townlands of Dunmurraghoe and Doonard Beg and which lie west of the public road,

(c) the lands which comprise the part of the townland of Doon which lies north or west of the public road.

(d) the lands which comprise the parts of the townlands of Carrownvally, Annabeg and Annaghmore and which lie north of the public road,

(e) the lands which comprise the part of the townland of Corraslira which is bounded on the north and east by the townland of Annaghmore, on the south and south-west by the public road and footpath leading to Corraslira School and on the north-west by the townland of Clooncunny,

(f) the lands which comprise the part of the townland of Clooncunny which is bounded on the north by the townland of Drumman, on the east by Annaghmore Lough, on the south-east by the townland of Annaghmore and on the south-west and west by the public road and footpath mentioned in paragraph (e), and

( g ) the lands comprising the part of the townland of Drumman which is bounded on the west and north by the road and path so mentioned, on the east by the said lough and on the south by the townland of Clooncunnny.

13. Lough Croan in the County of Roscommon.

The area comprised of the land for the time being covered by the waters of Lough Croan, County Roscommon, and the land forming the islands in the aforementioned lake together with the lands adjoining the northern shore of such lake and lying (at any time) between the waters of such lake and an imaginary line drawn from the point where the townland boundary between the townlands of Ballylion and Cornalee meets the shore of the said lake, in a north-easterly direction along the said townland boundary, to the point where it meets the north side of a public road, then continuing along that side of that road to the "T" junction in the townland of Carrowntlieve, then continuing in a south-westerly direction along the public road then joined to the townland boundary between the townlands of Carrowntlieve and Turrock, and finally continuing in an easterly direction along that townland boundary to the point where it meets the said shore.

14. Lough Funshinagh in the County of Roscommon.

The area comprised of the land for the time being covered by the waters of Lough Funshinagh, County Roscommon, and the land forming the islands in the aforementioned lake together with the lands adjoining the southern and eastern shores of such lake and lying (at any time) between the waters of the said lake and an imaginary line drawn from the point where the townland boundary between the townland of Carrickbeg and the townland of Inchiroe and Gortfree meets the shore of the said lake, in a southerly direction along the said townland boundary, to the point where it meets a public right of way, then continuing along that public right of way in an easterly direction to where it meets a public road and thence along that road to where it meets the townland boundary between the townland of Lisfelim and the townland of Inchiroe and Gortfree, then continuing along the public right of way at that point to the point on that right of way which is 275 yards distant from the centre of the junction between that public right of way and the main road in Ballagh, and finally continuing in a westerly direction and in a straight line to the most northerly point on the shore of the said lake.

15. Lough Gara in the Counties of Roscommon and Sligo.

The area comprising the land for the time being covered by the waters of the southern portion of Lough Gara in the counties of Roscommon and Sligo, as divided by Cuil Bridge, together with the land forming islands in that portion and the lands comprising the townlands of Clooncunny, Lomcloon, Annaghbeg (or Monasterredan) and the island of Inchmore, and the lands comprising that part of the townland of Tawnymucklagh which is bounded on the north by the Clooncunny road, on the west by the railway line and the south by Creggan townland.

16. Drumcliff Bay (Part) in the County of Sligo.

That portion of Drumcliff Bay (including Lissadell Strand) in the county of Sligo which is bounded on the west, north and east by the high water mark and on the south by an imaginary line drawn from Raghly Point to the southernmost point of the townland of Finned, together with the lands comprising the townlands of Finned and Ballygilgan, and the lands in the townland of Lissadill known as Ardgarran Wood and which at the date of this Order are in possession of the Department of Lands (Forest and Wildlife Service), together with the lands comprising the part of the townland of Doonfore which is bounded on the west by the townland boundary, on the south by the high water mark, on the east by the passage on or adjacent to which are Bench Marks 19.6, 21.3 and 21 and on the north by the northern boundary of the field immediately west of Bench Mark 21.

17. Coosan Lough and Killinure Lough in the County of Westmeath.

The area comprised of the land for the time being covered by the waters of Coosan Lough in the county of Westmeath, together with the land forming the islands therein, together with the following adjoining lands, namely:

(a) the lands comprising the townland of Friars Island and the island of Cookanamuck,

(b) the lands comprising that part of the townland of Cappankelly which lies north of an imaginary line drawn from the point where the boundary between the townlands of Cappankelly and Friars Island meets the shore of the said Coosan Lough to the point where the boundary between the townlands of Cappankelly and Kippinstown meets the shore of Killinure Lough in the said county,

(c) the lands comprising that part of the townland of Creaghduff which lies east of an imaginary line drawn from the most westerly point of Horse Island to Bench Mark 149.3 (off Killinure Rocks),

(d) the land in the Barony of Brawny for the time being covered by the waters of the said Killinure Lough, together with the land in the said barony forming islands in the last-mentioned lough,

(e) the land in the Barony of Kilkenny West which lies south of an imaginary line drawn due west from the point where the boundary between the townlands of Portaneena and Ballaghkeeran Big meets the shore of the said Killinure Lough and are for the time being covered by the waters of that lough, and

(f) the lands which comprise the parts of the townlands of Ballaghkeeran Big and Ballaghkeeran Little each of which lies to the west of the public road on which is situate Bench Mark 152.6.

18. Broad Lough in the County Wicklow.

The area comprising the land for the time being covered by the waters of Broad Lough in the county of Wicklow, and the land forming the islands therein together with the lands comprising the townlands of Knockrobin Murragh and Bollarney Murragh and the part of the townland of Corporation Murragh which is north or west of the railway line, and lands comprising the railway line in the townlands of Tinakelly Murragh and Clonmannan and the foreshore adjoining the townlands of Bollarney Murragh, Knockrobin Murragh, Tinakelly Murragh and Clanmannan.

19. Carrowmore Lake in the County of Mayo.

The area comprised of the land for the time being covered by the waters of Carrowmore Lake in the county of Mayo, together with the land forming the islands in the aforementioned lake.

20. Lough Conn in the County of Mayo.

The area comprised of the land for the time being covered by the waters of Lough Conn in the county of Mayo, together with the land forming the islands in the aforementioned lake.

21. Lands in the City of Limerick (part) and in the Counties of Limerick and Clare.

The Land and Water in the County Borough of Limerick, the County of Limerick and the County of Clare which are enclosed by an imaginary line drawn from the centre of Snuff Box Tower to the south-west corner of Barrington's Quay, and continuing along the townland boundary of Kilrush townland to the point where it meets the North Circular Road, and continuing along the North Circular Road, O'Callaghans Strand, Clancy's Strand, Thomondgate, Brown's Quay and New Road to Long Pavement, and continuing along Long Pavement and along the county road to Parteen Village, and continuing from Parteen Village along the county road to Larkin's cross roads, and continuing from Larkin's cross roads via the county road to Athlunkard Bridge, and from thence to the intersection of Corbally Road with the Limerick-Sligo railway line, and continuing along the Sligo-Limerick railway line, in a south-easterly direction to the intersection of the said railway line with the Nenagh-Limerick Road, and continuing along the Nenagh-Limerick road in a north-westerly direction to Lock Quay, and continuing along Charlotte's Quay, Bank Place, Rutland Street, Francis Street, Arthur's Quay, Honan's Quay, Harvey's Quay, Howley's Quay, The Bishop's Quay, Russell's Quay and Mount Kennet to Dock Road, and continuing along Dock Road till it intersects the townland boundary of the townland of Courtbrack, and continuing from that point of intersection in a straight line to the centre of the Snuff Box Tower.

22. The Boyne Estuary (part) in the counties of Meath and Louth.

The land and water forming the part of the Boyne Estuary and certain other land which lie to the seaward side of Mornington Pier and which are enclosed by an imaginary line drawn along the western side of Mornington Pier and then projected from the northerly end of the said pier in a north-westerly direction for a distance of 286 yards to the point which is on the boundary between the Beaulieu Demesne and the public road from Drogheda to Baltray and continuing along the western and northern side of that public road to the point where it reaches the townland boundary between the townlands of Braghan and Baltray, and continuing along a line drawn due east from that point for a distance of 1,419 yards to the point where it meets the high water mark, and continuing in a south-easterly direction along the high water mark to the point which is 290 yards distance from the Maiden Tower, and continuing from that point to the Maiden Tower and continuing along the boundary of the Boyne Estuary, initially in a north-westerly direction, to the point at Lady's Finger which is the highest point to which ordinary tides flow, and continuing along that boundary, initially in a north-westerly direction, to the point where that boundary meets Mornington Pier.

23. Kilcolman Bog in the County of Cork.

The area in the County of Cork enclosed by an imaginary line drawn from Bench Mark 306.2 in the townland of Kilcolman West initially northwards, along the county road to Ballinvonear cross roads, and continuing along the public road between Ballinvonear and Bantigeen cross roads for a distance of 1,210 yards to the boundary of the townland of Kilcolman East, and continuing southwards along that townland boundary for a distance of 380 yards, then turning south-east and continuing in that direction for a distance of 145 yards, then turning southwards and continuing in that direction for a distance of 135 yards, then turning south-east and continuing in that direction for a distance of 330 yards to the county road from Bantigeen cross roads to Rossagh, then continuing south along that road for a distance of 300 yards to where Kilcolman East townland undary leaves the road, and continuing west along the last-mentioned townland boundary for a distance of 100 yards, then turning south and continuing in that direction for a distance of 300 yards to Rossaghroe townland boundary, and continuing west for a distance of 80 yards along the boundary between the townland of Rossaghroe and Rossagh West, and continuing south west along the boundary between the townlands of Kilcolman East and Rossagh West to the point where that boundary enters Kilcolman Bog, and continuing initially in a southerly direction along the boundary of Kilcolman Bog for a distance of 1,100 yards to the boundary of Kilcolman West townland, and continuing southwards along the last-mentioned boundary for a distance of 380 yards, then turning westwards and continuing in that direction for a distance of 210 yards, then turning northwards and continuing in that direction for a distance of 320 yards, then turning west-south west and continuing in that direction for a distance of 450 yards to the county road to Ballinvonear cross roads, and continuing northwards along that public road to the said Bench Mark 306.2.

24. Tern Island, Wexford Harbour in the County of Wexford.

The land in the County of Wexford forming the island in Wexford Harbour known as Tern Island, which island is adjacent to Rosslare Point, together with all the land adjoining the said island which is uncovered by low spring tides.

25. Ballynafagh Lake (Blackwood Lake) in the County of Kildare.

The land and water in the County of Kildare and enclosed by an imaginary line drawn from Bench Mark 280.0 in the townland of Coolree, and continuing, initially in a north-easterly direction, along the adjacent drain for a distance of 1,380 yards to the county road between Ballynafagh House and Bench Mark 288.8 in the townland of Garvogue, and continuing in a westerly direction along the said county road for a distance of 60 yards, and continuing, initially in a south-westerly direction, along the adjacent drain for a distance of 1,270 yards to the embankment forming the southern side of the Grand Canal (Blackwood Branch), and continuing along the said embankment to the said Bench Mark 280.0.

26. Lough Key (part) in the County of Roscommon.

The area comprising the lands for the time being covered by the waters of that portion of Lough Key in the County of Roscommon which lies south of an imaginary line drawn in a north-westerly direction from Cloontykilla Castle to the point where it meets the townland boundary between the townsland of Tawnytaskin and Deerpark, together with the lands forming the islands in that portion of the aforesaid lake.

GIVEN under my Official Seal, this 29th day of March, 1972.

SEAN FLANAGAN,

Minister for Lands.

EXPLANATORY NOTE.

The effect of this Order is to extend in respect of the 1972/73 period, the annual close seasons prescribed in the Game Preservation Act, 1930 , for the game birds listed in the Order.