S.I. No. 228/1992 - European Communities (Wildbirds) (Greenland White-Fronted Goose, Shoveler and Curlew) Regulations, 1992.


I, NOEL TREACY, Minister of State at the Department of Finance, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), for the purpose of giving effect to Article 6 of Council Directive No. 79/409/EEC of 2 April, 19791 (as amended by Commission Directive No. 91/244/EEC of 6 March, 1991)2, hereby make the following Regulations:

1. (1) These Regulations may be cited as the European Communities (Wildbirds), (Greenland White-fronted Goose, Shoveler and Curlew) Regulations, 1992.

(2) The Wildlife Act, 1976 (Wildlife Dealing) Regulations, 1977 and 1982, and Regulations 4 of these Regulations may be cited together as the Wildlife Act, 1976 (Wildlife Dealing) Regulations, 1977 to 1992

(3) These Regulations shall come into operation on the 31st day of July, 1992

2. In these Regulations "the Regulations of 1982" means the European Communities (Wildbirds) (Gadwall and Goldeneye) Regulations, 1982 ( S.I. No. 241 of 1982 ).

3. The Regulations of 1982 are hereby amended by the substitution for Regulation 2 of the following Regulation:

"2. The sale, transport for sale, keeping for sale and the offering for sale of live or dead birds of the following species, namely, Gadwall (Anas strepera), Goldeneye (Bucephala clangula), Greenland White-fronted Goose (Anser albifrons flavirostris), Shoveler (Anas clypeata) and Curlew (Numenius arquata) or of any readily recognisable parts or derivatives of such birds is hereby prohibited."

1O.J. No. L103/1, 25.4.1979.

2O.J. NO. L. 115/41, 8.5.1991.

4. The Wildlife Act, 1976 (Wildlife Dealing) Regulations, 1977, are hereby amended by the substitution for paragraph (2) of Regulation 6 (as amended by the Regulations of 1982) of the following paragraph:

"(2) Subject to paragraph (3) of this Regulation, the species of protected fauna which may be dealt in by a licensed wildlife dealer, other than a licensed wildlife dealer to whom paragraph (1) of this Regulation applies, shall be any species of such fauna (other than the following species of bird, namely, Gadwall (Anas strepera), Goldeneye (Bucephala clangula), Greenland White-fronted Goose (Anser albifrons flavirostris), Shoveler (Anas clypeata), and Curlew (Numenius arquata) whether alive or dead, which is lawfully killed or taken pursuant to the Act."

GIVEN under my Hand this 31st day of July, 1992.

NOEL TREACY,

Minister of State at the Department of Finance.

EXPLANATORY NOTE.

These Regulations give effect to Article 6 of the E.E.C. Council Directive No. 79/409 of 2nd April, 1979 (O.J. No. L103/1. 25.4.1979) by prohibiting, in the interest of conservation, the sale, transport for sale, keeping for sale and offering for sale of three species of wildbird, namely Greenland White-fronted Goose, Shoveler and Curlew.