S.I. No. 195/1971 - Game Birds Protection Order, 1971.


S.I. No. 195 of 1971.

GAME BIRDS PROTECTION ORDER, 1971.

I, SE?N 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, 1971.

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, 1971, to the 31st day of August, 1971, 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, 1972, to the 29th day of February, 1972, 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, 1970 ( S.I. No. 180 of 1970 ), is hereby revoked.

FIRST SCHEDULE

Species

Period of Protection

Grouse ... ...

From the 1st day of October, 1971, to the 9th day of December, 1971, both days inclusive.

Hen Pheasant ...

From the 1st day of October, 1971, to the 31st day of January, 1972, both days inclusive.

Cock Pheasant ...

From the 1st day of October, 1971, to the 31st day of October, 1971, both days inclusive.

Partridge ... ...

From the 1st day of October, 1971, to the 31st day of October, 1971, both days inclusive, and from the 16th day of November, 1971, to the 31st day of January, 1972, both days inclusive.

Quail and Landrail

From the 12th day of August, 1971, to the 29th day of February, 1972, both days inclusive.

Mallard, Teal, Widgeon and other species of wild duck

From the 12th day of August, 1971, to the 31st day of August, 1971, both days inclusive, and from the 1st day of February, 1972, to the 29th day of February, 1972, both days inclusive.

Brent Goose, Barnacle Goose and Greylag Goose

From the 12th day of August, 1971, to the 29th day of February, 1972, both days inclusive.

White-fronted Goose and other species of wild goose exclusive of Brent Goose, Barnacle Goose and Greylag Goose

From the 12th day of August, 1971, to the 31st day of August, 1971, both days inclusive and from the 1st day of February, 1972, to the 29th day of February, 1972, both days inclusive.

Plover, exclusive of Green Plover (Lapwing)

From the 12th day of August, 1971, to the 31st day of August, 1971, both days inclusive, and from the 1st day of February, 1972, to the 29th day of February, 1972, both days inclusive.

Green Plover (Lapwing)

From the 12th day of August, 1971, to the 29th day of February, 1972, both days inclusive.

Snipe ... ...

From the 1st day of February, 1972, to the 29th day of February, 1972, both days inclusive.

Woodcock ... ...

Except in the County of Cork, from the 1st day of February, 1972, to the 29th day of February, 1972, both days inclusive.

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 preceding 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, 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 of 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 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 a 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-westerly 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 within 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 Carrickmoylenacurhoga, 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 Clooncunny.

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 and the lands comprising the part of the townland of Annagh which lies west of an imaginary line drawn from the point where the boundary between the townlands of Lomcloon and Clooncunny meet the shore of the said lough to the point where the boundary between the townlands of Callow and Runnameelta meets the said shore.

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 waiter 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 of 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, the 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 Clonmannan.

GIVEN under my Official Seal, this 25th day of June, 1971.

SE?N FLANAGAN,

Minister for Lands.

EXPLANATORY NOTE.

The effect of this Order is to extend in respect of the 1971/72 period, the annual close seasons prescribed in the Game Preservation Act, 1930 , for the game birds listed in the Order.